IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 31st day of March, 2017.
Filed on 23.06.2016
Present
1. Smt. Elizabeth George, President
2. Sri. Antony Xavier( Member)
3. Smt. Jasmine.D. (Member)
in
C.C.No 205/2016
between
Complainants:- Opposite Party:-
- Sri. K.V. James Mr. J.A. Patel
Plot no.10, Flat No.S-1 Managing Director
6 Right Street, Saravananagar M/s HAMAXPHARMACEUITICALS
Manikandapuram 703, G.I.D.C, Makarpura, Vadodara
Chennai – 600 062 Gujarath Pin: 390 010
- M/s. Kamco Agencies
Rep. by K.V. James
Sole Proprietor
Pharmaceutical Distributors
Thathampally.P.O
Alappuzha
(Adv. J.G. Sanal Kumar)
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The complainant case in precise is as follows:-
The complainant on 29th May 1997 entered into an agreement with the opposite party , the covenants in which were amended on 12th May 1998. As per the agreement, medicine manufactured by the opposite party on an agreed commission basis. In line with agreement, the complainant deposited an amount of Rs. 5000/- (Five thousand only) vide demand draft bearing No. 405155. To the said effect the opposite party issued a receipt dated 20th August 1997 to the complainant. The complainant entered into the material business deal solely to eke out a living for him and his family. After having struck the deal the complainant taking advantage of his previous experience in the field and the resultant extensive contacts was always accomplishing the target set forth by the company every year. The complainant literally fulfilled all the conditions in the agreement. During the course of the said business, the complainant had to face many impediment namely selling products on credit, frequent interference of Drug Inspectors etc. In order to sustain in the field, and to salvage his business the complainant was constrained to avail a loan amount of Rs. 5000/- from M/s Dhanalakshmi Bank Ltd. The complainant also had to borrow money from private money lenders on a cut-throat interest. Notwithstanding the complainant’s all out endeavors, the complainant was not able to sustain his business, and the same was forced to be closed down. By this point of time the complainant had to fact recovery proceedings from Revenue Recovery Departments, Bank staff and harassment from local money lenders. When the complainant ended his business activities, he vide several letters and otherwise impressed upon the opposite party the complainants inevitable crisis, and requested him to hand back the deposited amount of Rs. 5000/- on the agreement being terminated. In the mean time in order to eke out livelihood the complainant took up diverse jobs in different parts of in and out of Kerala. All these times, the complainant was facing all sorts of problems in life by way of either serious ailments or financial stringency. The complainant over again sent reminder letters to the opposite party seeking to hand back the deposited amount to him. On 20th April 2016, the complainant issued legal notice on demanding refund of the deposited amount with interest and seeking damages for harassing the complainant. The opposite party inflicted injury, agony and harassment to the complainant. Got aggrieved on this the complainant approached this Forum for compensation and relief.
2.. Notwithstanding the notice being served, the opposite party did not make it a point to turn up before this Forum and did not challenge the complainant’s case. Resultantly, the opposite party was set ex-party.
3. The complainant evidence consists of the complainant’s proof affidavit and the documents produced have been marked as Ext.A1 to Ext. A18. As observed earlier the opposite party neither turned up before this Forum for did challenge the complainant case.
4. Holding the complainant’s contentions in view, the questions that crop up for consideration are:-
(a) Whether the complainant deposited the amount of Rs. 5000/- as security with the opposite party?
(b) If the opposite party is liable to hand back the afore said amount to the complainant on termination of the agreement?
(c) Whether the material agreement was terminated?
(d) Whether the complainant is entitled to any relief?
5. The complainant’s specific case is that the complainant entered into a business agreement with the opposite party. As per the agreement the complainant is bound to promote and sell the pharmaceutical products manufactured by the opposite party. On the basis of the volume of sale, the complainant is entitled to a commission in the manner as specified in the agreement. The complainant unfailingly complied with all the covenants in the complaint including crossing the target put forth in the agreement. However the complainant had to counter stiff obstructions from various points. To put it precisely, the business of the complaint collapse for so many extraneous and otherwise related reasons. The complainants vide various letters and otherwise demanded the security amount of Rs. 5000/- from the opposite party on intimating him that the business had been wrapped up. According to the complainant at this point the agreement had been terminated, and the complainant is entitled to the aforesaid amount. The complainant issued legal notice demanding the said amount. Strangely still, the opposite party has not been prepared to hand back the amount to the complainant. The complainant had all along been embroiled in all sorts of adversities of life. He breaks down financially, afflicted. With serious sorts of illness on several occasions, had to face bank officers, money lenders and recovery officers one by one and sometimes altogether. Notwithstanding the complainant’s frequent requests and demands for the last several years the opposite party did not pay heed to the complainant’s demand. The complainant sustained both mental and monetary woes. Bearing the complainant’s contentions alive in mind, we anxiously perused the available materials placed on record. The documents produced by the complainant duly evince that the complainant has entered into business dealings with the opposite party, and the complainant deposited an amount of Rs.5000/- as security with the opposite party. On a perusal of Ext.A1 agreement would show that no specific time has been stated in the agreement as to its termination. In this context it is to be presumed that the conclusion of business by itself would terminate the agreement. In that event the opposite party is liable to refund the security amount to the complainant. On a scrutiny of the entire material it is manifestly revealed that the complainant has reasonable explained the reason for the postponement of filing of the complaint before the Forum. As we have already observed the opposite party was reluctant to turn up before this Forum or to challenge the complainant’s apparently probable case which has been more furthered by the proof affidavit and the Exhibits. We have no hesitation to hold that the complainant case stands well- substantiated. We need hardly say, the complainant is entitled to relief. In the result, the complaint is allowed accordingly.
In the result, complaint is allowed, the opposite party is directed to give back the security amount of Rs. 5000/-(Rupees Five Thousand only) with 12% interest per annum from the date of institution of the instant complaint till its recovery. The opposite party is further direct to pay to the complainant an amount of Rs.2000/- (Rupees Two Thousand only) as compensation. The opposite party shall comply with the order of this court within 30 days of receipt of this order.
Pronounced in open Forum on this the 31st day of March, 2017.
Sd/-Sri. Antony Xavier (Member) :
Sd/-Smt.Elizabeth George (President) :
Sd/-Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of Security Deposit Receipt
Ext.A2 series - Copy of Agreement
Ext.A3 - Copy of Registered Letter receipt
Ext.A4. - Copy of Registered Letter receipt
Ext.A5(1-2) - Copy of letter
Ext.A6 - Copy of Acknowledgement Card
Ext.A7 - Copy of Acknowledgement Card
Ext.A8 - Copy of letter sent by the complainant
Ext.A9(1-2) - Copy of letter sent by the complainant
Ext.A10 - Copy of acknowledgement card
Ext.A11 - Copy of letter sent by the complainant
Ext.A12 - Copy of letter sent by the complainant
Ext.A13 - Copy of letter sent by the complainant
Ext.A14series - Copy of legal notice
Ext.A15 - Copy of acknowledgement Legal notice.
Ext.A16(1-2) - Copy of Last & Final Reminder letter
Ext.A17series - Copy of C forms and paid details
Ext.A18 - Copy of acknowledgement final reminder
Evidence of the opposite parties:- Nil
//True copy//
By Order
Senior Superintendent.
To
Complainant/Opposite party/SF
Typed by: Br/-
Compd. By:
