Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R., Member
25th day of January 2023
CC 154/21 filed on 01/02/2021
Complainants : Sandhya, W/o Late Ravikumar, Illathankott House,
Kaippilly, Arimbur, Thrissur – 680 620.
(By Adv. A.D. Benny, Thrissur)
Opposite Parties : 1) Finsere Nidhi Ltd., Rep. by Managing Director,
Sagarasree Complex, Opp. Asoka Theatre,
South Nada, Kodungallur, Thrissur – 680 664.
2) Manager, Finsere Nidhi Ltd., Rays Complex, 1st Floor,
Sankara Iyer Road, Thrissur – 680 004.
(Ex-parte)
O R D E R
By Sri. C.T. Sabu, President :
Facts of the Case as follows:
The complainant has been joined with a recurring deposit scheme conducted by the opposite parties. The complainant has paid monthly instalments of Rs.2,000/- each for 48 installments up to maturity of the scheme. At the time of joining the scheme the opposite parties assured that the complainant will get Rs.1,16,000/- (Rs.96,000/- principle amount + Rs.20,000/- as bonus). The scheme was matured on 19/07/19. Accordingly, the complainant entrusted the passbook along with application with opposite party company for the maturity amount assured by them. But they were reluctant to pay the amount. Then the complainant caused legal notice claiming the amount, that also yielded no result. Hence this complaint.
2) Proper notice issued to the opposite parties. Proceedings against the opposite parties set ex-parte as they have failed to appear or to file version before the Commission. Then the case posted for evidence of the complainant.
3) When the case came for evidence complainant filed proof affidavit in which he affirmed and explained all the contentions raised in the complaint in detail. There are 6 documents produced from their side which are marked as Exts. A1 to A6. Ext. A1 is the copy of 1st page of Recurring Deposit Pass Book. Ext. A2 is the copy of lawyer notice dtd.13/12/2020. Ext. A3 (1) & (2) are the Postal Receipts dtd.14/12/2020. Ext. A4 is the notice returned. Ext. A5 is the copy Shri Suraksha Scheme Withdrawal Request Form. Ext. A6 is the Fincere Nidhi Ltd., recurring deposit passbook.
4) We have examined the proof affidavit filed by the complainant and thoroughly perused the documents produced. The documents produced are sufficient to prove the case of the complainant. As there is no contra evidence we have no other option than to believe the proof affidavit filed by the complainant. Moreover, the opposite parties evaded the process of law and not cared to appear before the Commission or filed any version, that itself tantamount to admission of the case of the complainant. We are of the view that the denial of the maturity amount to the complainant by the opposite parties amounts to deficiency in service and unfair trade practice. Hence we are inclined to allow this complaint.
In the result, the complaint is allowed and the opposite parties are directed to pay Rs.1,16,000/- (Rupees One lakh sixteen thousand only) with interest @ 12%, from the date of the complaint. Also directed to pay Rs.10,000/- (Rupees Ten thousand only) towards cost and compensation. The order shall be complied within one month of receiving copy of this order. Failing which, the complainant is entitled to get 12% interest for the entire amount till realisation.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 25th day of January 2023.
Sd/- Sd/- Sd/-
Sreeja S. Ram Mohan R C. T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 copy of 1st page of Recurring Deposit Pass Book.
Ext. A2 copy of lawyer notice dtd.13/12/2020.
Ext. A3 (1) & (2) are the Postal Receipts dtd.14/12/2020.
Ext. A4 notice returned.
Ext. A5 copy Shri Suraksha Scheme Withdrawal Request Form.
Ext. A6 Fincere Nidhi Ltd., recurring deposit passbook.
Id/- President
