National Consumer Disputes Redressal
Abraham M. Thomas vs K.K. John & 6 Ors. on 10 December, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 540 OF 2015 (Against the Order dated 20/03/2015 in Complaint No. 56/2012 of the State Commission Kerala) 1. ABRAHAM M. THOMAS GENERAL MANAGER, C.V.PHILIPOSE SONS, VALUPARAMPIL HOUSE, P.C. KAVALA,PAYIPAD, CHANGANACHERRY, PIN.689101 KERALA ...........Appellant(s) Versus 1. K.K. JOHN & 6 ORS. S/O K.C. KORUTHU PARACKAL HOUSE, MUNDAMALA. P.O., PURAMATTOM, MALLAPAPPLLY, THIRUVALLA TALUK PATHANAMTHITTA KERALA 2. - - 3. C.V. PHILIPOSE & SONS, CROSS JUNCTION, THIRUVALLA, PIN.-689101 PATHANAMTHITTA KERALA 4. JOHN. C.P. MANAGING DIRECTOR C.V. PHILIPOSE & SONS, CROSS JUNCTION, THIRUVALLA, PIN.-689101 PATHANAMTHITTA KERALA 5. ANITHA, C.P. W/O JOHN C.P. MANAGING DIRECTOR C.V. PHILIPOSE & SONS, CROSS JUNCTION, THIRUVALLA, RESIDING AT CHANDRAVIRUTHIL HOUSE, KULAKKADU, THIRUVALLA, PIN.-689101 PATHANAMTHITTA DERALA 6. ANCY THOMAS, ACCOUNTANT, C.V. PHILIPOSE & SONS,JOJO BHAVAN, KUTTAPPUZHA,P.O. THRUVALLA,PIN.-699103 PATHANAMTHITTA KERALA 7. CVP REALTORS [P] LTD. CROSS JUNCTION, THIRUVALLA, PATHANAMTHITTA KERALA 8. JOHN C.P. MANAGAING DIRECTOR MANAGING DIRECTOR C.V.P. REALTORS [P] LTD,.CROSS JUNCTION, THIRUVALLA, PATHANAMTHITTA KERALA ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER HON'BLE DR. S.M. KANTIKAR, MEMBER For the Appellant : For the Appellant In both the Cases : Mr. Robin Jacob, Proxy counsel for Mr. Jogy Scaria, Advocate For the Respondent : For the Respondent No.1 In both the cases : Ms. Usha Nandini V., Advocate For Respondents -2 to 7 In both the cases : NEMO Dated : 10 Dec 2015 ORDER PER JUSTICE J.M. MALIK Counsel for the parties present. This order shall decide the above said two cases. Respondent Nos. 2 to 7 are absent despite service. They be proceeded against ex-parte, at 01.00PM.
The State Commission passed almost similar orders in both the cases. In the case of K.K. John Vs. C.V. Phillipose & Sons & Ors. the State Commission passed the following order:-
"In the result, the complaint is allowed as follows. The opposite parties are directed to pay to the complainant Rs.12,50,000/- with interest at the rate of 12% per annum from the date of complaint till date of payment along with Rs.3,00,000/- (Rupees three lakhs) towards compensation and Rs.10,000/- towards costs within one month from the date of receipt of copy of this order".
These First Appeals have been filed by Shri Abraham M. Thomas, who was arrayed as OP-4, in the original complaint. He contends that he has left the service of the Company. We have perused the agreement. He is not a party to the said agreement. He has got no privity of contract with both the complainants. The mere fact that he received the money, as a General Manager or as an employee of the Company, does not bind him. His presence before the State Commission was, unnecessary. We accept the First Appeals in both the cases, delete his name. He is not a necessary party. He will not be liable to pay the amount in question. The said amount be paid by the remaining parties. The decrees be not executed against him.
Both the cases stand disposed of.
5. The Appellant has not complied with the interim order. That order stands merged in this final order, requires no compliance.
......................J J.M. MALIK PRESIDING MEMBER ...................... DR. S.M. KANTIKAR MEMBER