O R D E R

By Sri. C.T. Sabu, President :

          The complaint is filed for getting Rs.70,000/- and 15% interest for the deposit amount on 31/10/2014. 1^st to 5^th opposite parties are Managing Director, Chairman and Directors of the 1^st opposite party company respectively and the 6^th opposite party is the collection agent of the 1^st opposite party company. The complainant alleged that the amount was deposited with the opposite party company because the 6^th opposite party induced him to deposit the amount. Actually the complainant deposited Rs. 1,00,000/- for 12 months on 31/10/2014. The opposite parties agreed to pay 15% interest p.a. But the complainant received back Rs.20,000/- on 11/09/2015 and Rs.10,000/- on 10/05/2016 balance amount of Rs.70,000/- was claimed by the complainant along with interest of 15% on 02/07/15. The opposite parties were reluctant to pay the amount. Hence this complaint.

          2) On receiving complaint notice was issued to all the opposite parties but all notices send to 1^st to 5^th opposite parties are returned stating various reasons. Subsequently complainant preferred paper publication and that was allowed. Complainant produced paper publication against 1^st to 5^th opposite parties and they are called absent and set ex-parte. Only 6^th opposite party appeared and filed version denying the contentions of the complainant.

          3) Then the case was posted for evidence and the points for consideration was that

1. Whether there was any deficiency in service  or not ?
2.  If so what cost and relief ?           

          4) The complainant filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He has produced deposit receipt which is marked as Ext. P1. From the side of the 6^th  opposite party he produced 8 documents which are marked as Exts. R1 to R8. Ext. R1 is the copy of application made under RTI Act, by the Mother in Law of 6^th opposite party to SI, Anthikkad Police Station; Ext. R2 is the reply furnished by the SI, Anthikkad police Station to the RTI notice as mentioned above R1; Ext. R3 is the copy of application made under RTI Act, by the mother in law of 6^th opposite party to SI, Valappad Police Station; Ext. R4 is the reply furnished by the SI, Valappad Police Station to the RTI notice as mentioned above R3; Ext. R5 is the copy of application made under RTI Act, by the mother in law of 6^th opposite party to SI, Kattoor Police Station; Ext. R6 is the reply furnished by the SI, Kattooor Police Station to the RTI notice as mentioned above R5; Ext. R7 is the copy of application made under RTI Act, by the Mother in law of 6^th opposite party to SI, Mathilakam Police Station and Ext. R8 is the reply furnished by the SI, Mathilakam Police Station to the RTI notice as mentioned above (R7). Since there is no contra evidence available before us we are inclined to accept the proof affidavit and heard the complainant’s counsel in detail. We have gone through the contents of the affidavit and perused the R1 document. The 6^th opposite party filed proof affidavit in which he denied all the averments of the complainant. The counsel for the 6^th opposite party vehemently argued that there is no consumer relationship between the complainant and the 6^th opposite party. The 6^th opposite party never served as the agent of the opposite party. The 6^th opposite party had not given any service to the complainant. The 6^th opposite party have not induced the complainant to deposit in the 1^st opposite party company. The 6^th opposite party had not collected any amount from the complainant and the 6^th opposite party is not liable to pay any amount to the complainant.

          5) The 6^th opposite party is not a shareholder or director of the 1^st opposite party company. From the documents produced from the 6the opposite party it can be seen that the 1^st to 5^th opposite parties are seriously involved in many crimes and cheated other persons also. They have conducted the company for the illegal enrichment only. There were many crimes against the 1^st to 5^th opposite parties before various police stations filed by various people and police have registered FIR against them. The claim made by the complainant is believable but in our opinion the 6^th opposite party is not liable for the amount deposited by the complainant. The 1^st to 5^th opposite parties committed deficiency in service as well as unfair trade practice. Since 3^rd to 5^th opposite parties stopped functioning of the company without giving deposit amount if at all there was any contra evidence. Since 3^rd to 5^th opposite parties are directors of the company. 1^st & 2^nd opposite parties are impleaded in the official capacity only. If at all there was any contra evidence for the opposite parties they ought to have appeared before the Commission and submitted their version.

          In the result, we allow this complaint and the 1^st to 5^th opposite parties are directed to return the amount Rs.70,000/- (Rupees Seventy thousand only) along with interest of 15% from 30/10/14 to the complainant within one month from receiving copy of this order. Failing which, the complainant is entitled to get 12% interest for all those amounts till realisation. The 6^th opposite party is exonerated from the liability.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 30^th day of September 2020.

    Sd/-                                      Sd/-                                              Sd/-

Sreeja S.                         Dr. K. Radhakrishnan Nair,               C.T. Sabu

Member                          Member                                             President

Appendix

Complainant’s Exhibits :

Ext. P1 Deposit Receipt

Opposite party’s Exhibits :

Ext. R1 copy of application made under RTI Act, to SI, Anthikkad Police

             Station;

Ext. R2 reply furnished by the SI, Anthikkad police Station to the RTI notice Ext. R3 copy of application made under RTI Act, to SI, Valappad Police Station Ext. R4 reply furnished by the SI, Valappad Police Station to the RTI notice Ext. R5 copy of application made under RTI Act, to SI, Kattoor Police Station; Ext. R6 reply furnished by the SI, Kattooor Police Station to the RTI notice

Ext. R7 copy of application made under RTI Act to SI, Mathilakam Police

             Station

Ext. R8 reply furnished by the SI, Mathilakam Police Station to the RTI notice

                                                                                                     Id/-

                                                                                      President