DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM

       Dated this the 6^th day of May, 2024

                                                                   Filed on: 11/01/2022

PRESENT

Shri.D.B.Binu                                                                          President

Shri.V.Ramachandran                                                              Member Smt.Sreevidhia.T.N                                                             Member

C.C. NO. 20/2022

COMPLAINANT

Vinu Vincent, S/o. Jacob Vincent, Kuzhikkat House, House No. 674 (42/1471), Palarivattom, Kochi 682025 through his PAH/father Jacob Vincent, S/o. Jacob George, Kuzhikkattu House, St. John’s Baptist Church Road, Palarivattom Post, Ernakulam 682025.

(Rep. by Adv. Harikumar Menon & P.R. Mdhusoodanan, Menon & Associates, Menon Towers, Middle Hill, Malappuram 676505)

VS

OPPOSITE PARTY

1. Alangad St. Josephs Sadhujana Sangam No. 6. Rep. by its President K.V. Paul, Neericode Branch, Alangad 683511.
2. Alangad St. Josephs Sadhujana Sangam No. 6. Rep. by its Secretary Rosily Joseph Neericode Branch, Alangad 683511.
3. K.V. Paul, President, Alangad St. Josephs Sadhujana Sangam No. 6, Neericode Branch, Alangad 683511.
4. Rosily Joseph, Secretary, Alangad St. Josephs Sadhujana Sangam No. 6, Neericode Branch, Alangad 683511.

F I N A L    O R D E R

V. Ramachandran, Member:

The complainant states that he was running businesses at Kochi and now residing and working at USA and he is represented by his father, the Power of Attorney holder, with whom the 3^rd and 4^th opposite parties contacted and persuaded to deposit money offering 12% interest p.a. and also agreed refund of the amount as when required or demanded by the complainant. The complainant joined and deposited through his father Rs.6 lakhs with the opposite parties and they issued the receipts, No. 3050 dated 02/07/2015 for Rs.1,00,000/-, No. 3075 dated 02/07/2015 for Rs.1,00,000/-, No. 3076 dated 02/07/2015 for Rs.1,00,000/- No. 3077 dated 02/07/2015 for Rs.1,00,000/-, No. 3078 dated 02/07/2015 for Rs.1,00,000/-, No. 3079 dated 02/07/2015 for Rs.1,00,000/-. The amount was fist deposited on 02/07/2015 for a period of 18 months offering 18% interest per annum and it was renewed from time to time and at present they are not returning the money and not renewing the certificate despite of several demands made by complainant and his father. The details of deposits are shown below:

The amount payable as on respective due dates and on this day 02/12/2021 is as follows with simple interest but the amount is liable to be paid under cumulative scheme.

Eventhough notice was sent to the opposite parties from the Commission opposite parties did not turn up. Hence the opposite parties are set ex-parte.

The complainant had produced 3 documents which are marked as Exbt. A1 to A3. Subsequently the complainant produced the original of Exbt. A1 to A3 which are all FD receipt for Rs.1,00,000/- each and all dated 02/01/2015 the details of which are stated above. The maturity date of which is shown as 02/01/2017 which has further been extended for one year after making endorsement on the reverse of the original F.D. receipt. Complainant had produced the original of the certificate for verification which is returned after verification.

From the above documents and also from the facts and figures submitted by complainant the Commission has to verify the following points:

1. Whether the complainant is sustained to any sort of deficiency of service, or unfair trade practice from the side of the opposite party?
2. Whether the complainant is eligible to get any relief from the opposite party?
3. Cost of the proceedings if any?

On going through the complaint and from the evidence produced by complainant it can be seen that the original of the FD receipt as listed in the body of the complaint has been produced before the Commission and the Commission has verified the authenticity, genuinity and originality of the instruments. Normally the FD receipt shall have to be surrendered in original to get the deposited amount back. In this case that has not been happened. Moreover the opposite parties had not appeared before the Commission eventhough notices were sent to them from the Commission. Non-adherence of the direction in the notice to appear before the Commission and to defend the case by the opposite parties amounts to admission of the alleged contentions in the complaint. In the absence of any contra evidence Point No. 1 is proved in favour of the complainant. Since the Point No. (1) is proved in favour of the complainant Point No. (2) and (3) are also decided accordingly. Hence the following orders are issued.

1. Rs.6,00,000/- (Rupees six lakhs only) against the six Fixed Deposit Certificate which were detailed above shall be paid by the opposite party to the complainant with interest at the rate of 5.5% per annum from 02/07/2015 to till the date of realization.
2. The opposite parties shall pay Rs.1,00,000/- (Rupees one lakhs only) as compensation to the complainant.
3. The opposite parties shall pay Rs.10,000/- (Rupees ten thousand only) as cost of the proceedings to the complainant.

The liability of the opposite parties shall be jointly and severally. The above order shall be complied within 30 days from the date of receipt of a copy of this order.

Pronounced in the Open Commission on this the 6^th day of May, 2024

V.Ramachandran, Member

Sd/-

D.B.Binu, President

Sd/-

Sreevidhia.T.N, Member

Forwarded/By Order

Assistant Registrar

Appendix

Complainant’s Evidence

Exbt. A1:    Copy of FD receipt (two numbers)    

Exbt. A2:    Copy of FD receipt (two numbers)    

Exbt. A3:    Copy of FD receipt (two numbers)    

Opposite party’s Exhibits

Nil

Despatch date:

By hand:     By post                                                  

kp/

CC No. 20/2022

Order Date: 06/05/2024