DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 10th DAY OF SEPTEMBER, 2024.
PRESENT : SRI. VINAY MENON .V, PRESIDENT.
: SMT. VIDYA .A, MEMBER.
: SRI. KRISHNANKUTTY N .K, MEMBER.
Date of filing: 02.05.2024.
CC/148/2024
Indira Puthri, W/o.Kannan.A, - Complainant
Thekkingal House, Vadakkethra,
Manjpra, Kannambra-II,
Palakkad-678 685.
(By Adv.C.Madhavan Kutty)
VS
1. Rajitha, Director, Finspot India Nidhi Ltd., -Opposite Parties
2nd Floor Centre Point Building,
Old Post, Office Road, Vadakkencheryy,
Palakkad-678 683.
2. Vyshak, Managing Direcotr,
Finspot India Nidhi Ltd.,
2nd Floor Centre Point building,
Old Post Office Road,
Vadakkencherry, Palakkad-678 683.
(Both OPs are ex-parte)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant in brief
The complainant had two fixed deposits with M/s.Finspot India Nidhi Ltd, of which the 1st opposite party is the Director and the 2nd opposite party is the Managing Director. 2 deposits for Rs.1,50,000/- each made on 26.06.2023, bearing interest rate of 12.5% for 6 months were due on 26.12.2023. Though the complainant approached the opposite parties for redemption of deposit for the treatment of her child, they paid only Rs.60,000/-. Further, interest payable on monthly rests also not paid in full. Hence, this complaint is filed seeking orders to direct the opposite parties to pay Rs.2,40,000/- being the balance deposit amount along with interest @ 12.5% along with a compensation of Rs.2,00,000/- for mental agony and financial loss suffered.
2. Notices were issued to the opposite parties. Though notices were served on them, they failed to enter appearance and to file version within the statutory period. Hence, names were called in open court and were set ex-parte.
3. The complainant filed proof affidavit and marked Exts.A1 to A2 as evidence. Ext.A1 contain two deposit receipts issued by the opposite party to the complainant and Ext.A2 is the discharge summary of complainant’s child.
4. In spite of the notices served on them, opposite parties failed to appear before this Commission and present their case. Hence, this Commission is passing the orders, based on the proof affidavit and documents marked from the side of the complainant.
5. Ext.A1 marked shows that the complainant has two deposits for Rs.1,50,000/- each made on 26.06.2023 and due for payment on 26.12.2023. As per the proof affidavit filed, the opposite parties have paid only Rs.60,000/- to the complainant. Hence, the opposite parties failed to pay remaining amount of principal and the interest payable even after the due date for payment. This tantamount to deficiency in service on the part of the opposite parties.
6. So, the complainant has succeeded in proving a prima facie case against the opposite parties.
7. However, the opposite parties have been arrayed in the complaint in their personal capacity, where as the fixed deposit receipts are seen issued by M/s. Finspot India Nidhi Ltd and signed by the 1st opposite party as authorised signatory. Hence, the liability has to be primarily cast on the company.
8. Hence, the reliefs are ordered as follows;
1. M/s.Finspot India Nidhi Company Ltd along with 1st opposite party and the 2nd opposite party are directed to pay Rs.2,40,000/- to the complainant being the remaining deposit along with interest @ 12.5% from 22.06.2023 till the date of payment.
2. They are also liable to pay Rs.1,00,000/- as compensation for mental agony and financial loss to the complainant.
3. The complainant is also entitled to receive Rs.10,000/- towards cost.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to pay Rs.500/-as solatium per month or part thereof from the date of the Order till the date of final payment
Pronounced in open court on this the 10th day of September, 2024.
Sd/-
VINAY MENON .V, PRESIDENT.
Sd/-
KRISHNANKUTTY N .K, MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Exts.A1: Two deposits for Rs.1,50,000/- each made on 26.06.2023
Éxt.A2: discharge summary of complainant’s child.
Document marked from the side of Opposite party: Nil
Document marked from the side of Court: Nil.
Witness examined on the side of the complainant: Nil.
Witness examined on the side of the opposite party: Nil
Court witness: Nil
Cost : 10,000/-.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5)of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
