Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
30th day of November 2022
CC 483/20 filed on 19/11/20
Complainant : Radhamani Vijayan, W/o late Vijayan, Avanur House,
Vettukkadu.P.O, Thrissur- 680 014.
(By AdvsFebin James & Sreekumar Plakkatt, Thrissur)
Opposite Parties :1. Thatwamasi Precious Metals, Regd No. 09-09360/96,
Athmaja Bhavan (HO), Cherai, Kerala- 683 514.
Rep.by Its Managing Director, Shaji Thaikoottathil,
Thaikkoottathil House, Kottikkal Beach Road,
Pallipuram, Ernakulam- 683 515.
2. Shaji Thaikkoottathil Athmajan, Thaikkoottathil House,
Kottikkal Beach Road,Pallipuram, Ernakulam- 683 515.
3. Bhagyalakshmi, Thaikkoottathil House,
Kottikkal Beach Road,Pallipuram, Ernakulam- 683 515.
4. Thaikkoottathil Athmajan Kishore, Thaikkoottathil
House, Kottikkal Beach Road,Pallipuram,
Ernakulam- 683 515.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
1) The complainant subscribed Gold Advance Booking Scheme No.149/10 offered by 1st opposite party. The 1st opposite party was managed by 2nd opposite party to 4th opposite party herein. It was offered to buy gold as per the market rate on the date of scheme or shall pay Rs.250/- towards bonus for deposit of every Rs.1000/-. Thus the complainant paid Rs.1000/- per month from 08/01/17 to 19/08/17 at Nellikunnu Branch of 1st opposite party. Thereafter the 1st opposite party closed its business and all the money deposited by the complainantin 1st opposite party was enjoyed by 2nd to 4th opposite parties. So she demanded the money which was skipped on flimsy reasons and seeking time for repayment. So a lawyer notice dated 27/07/19 sent to the opposite parties which were returned unclaimed. So the complainant is entitled to get Rs.47000/-with 18% interest. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. She produced four documents which are marked as Exts. A1 to A4. Ext. A1 is the Passbook received from the opposite party ; Ext.A2 is the lawyer notice dated 27/09/19; Ext.A3 is the postal receipt dated 27/09/19 and Ext.A4 is the returned lawyer notice dated 03/10/19.
4) We have gone through the pleading and documents produced by the complainant. The case of the complainant is that she deposited the amount in the 1st opposite party company. Ext.A1 prove the deposit of money and Ext.A2 to A4 substantiate the case of the complainant. Moreover the complainant’s case is that 2nd opposite party to 4th opposite party misappropriated the money. Since there is no contra evidence available before us we find this in favour of the complainant. Hence we are inclined to allow this complaint.
In the result complaint is allowed and the opposite parties jointly and severally liable to pay Rs. 47,000/- with 12% interest from the date 15/09/2019 till realization. The opposite party is also directed to pay cost of Rs.5,000/- to complainant within one month from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30th day of November 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 is the Passbook received from the opposite party.
Ext.A2 is the lawyer notice dated 27/09/19.
Ext.A3 is the postal receipt dated 27/09/19.
Ext.A4 is the returned lawyer notice dated 03/10/19.
Id/-
Member
