2.1. The petitioner/defacto complainant lodged a complaint alleging that he had contacted two officials, namely Aravind, Deputy General Manager and Mahadev, H.R Manager, who are arraigned as Accused Nos.7 and 8 of the Company, namely Pinnacle Vehicles and Services Private Limited in their office premises at NH47 Mannuthy Bye-pass, Kuttanellur Post, Thrissur, Kerala in connection with his car business at Karur. These two persons introduced the owners of the company viz., accused Nos.1 to 3 and also fourth and fifth accused and informed that Rajshree Motors is their sister concern. All of them jointly told the defacto complainant has to make a deposit amount of Rs.1,00,00,000/- (Rupees One Crore only) and it was mutually agreed that the amount fixed is only a formality for agreement purpose and that the amounts payable is according to his choice of business with them to deal with new Hyundai and Skoda Cars. They had further informed that the defacto complainant has to sign the agreement to be prepared by them; that they will supply cars and that the defacto complainant had to pay amounts as directed by them to the account of the fourth and fifth accused and also to their sister concern viz., Rajshree Motors besides payments directly to the company; that they also insisted that only after minimum payment of Rs.35,00,000/- agreement will be prepared by them to deal with their cars; that they jointly, orally agreed and undertaken that if all such payments that will be made by the defacto complainant as per their directions, all the first three accused are responsible for return of the deposit with 18% interest; that as they are doing car business in Kerala and other parts of India as well, the defacto complainant believed their words and paid a total sum of Rs.77,00,000/- on different dates as directed by them. Only after such payments to the tune of Rs.62,00,000/- made out of Rs.77,00,000/- by the defacto complainant through his company Bank accounts to their Bank accounts, they prepared an agreement and asked the defacto complainant for signing in the agreement and the defacto complainant informed all the above persons that he will sign the same without full consent of him as the agreement is prepared with clauses in favour of them only, for which, they replied that it is only a formality, but they will be genuine for returning his amounts given through the defacto complainant's company. Believing their words, the defacto complainant had signed in the agreement and it is to be noted that before preparing the agreement, Rs.62,00,000/- was paid which was not recorded in the agreement by them. Even after that also several payments of the balance sum of Rs.15,00,000/- was paid to them as directed on different dates.
