4.12.08 Sri.K. Gopalan, President This is a complaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite party to pay Rs 30,000/- plus dividend and a compensation of Rs 20,000/- together with the cost and interest. The case of the complainant in brief is as follows: The complainant was admitted to a group of chits (a) No. G7 F3 commenced on 30.9.2006 and maturing on 30.4.08 with monthly contribution of Rs 2500/-(b)G7 X started on 3.6.05 having monthly contribution of Rs 400/-. When the amount of Rs 10,000/- became due for payment in the second group the opposite parties promised to adjust the same towards payment in the first group. Auction papers in respect of Group 1 was given by the complainant in July 2007 and opposite parties promised to give the amount in September 2007. Later they sought time till 30, October 2007. When the complainant went to the office of opposite party no.1 on 30.10.07 he found the office closed. He came to know that there were some malpractices in running the chits. A lawyer notice was sent to opposite party no.2 in his Calicut office but it was returned as office closed down. He went then to Calicut to meet opposite party no.2 at his residence but he refused to come out.. An amount of Rs 30,000/-plus dividend is due to the complainant. He was also spent for traveling and phone calls. He was also subjected to severe mental agony and inconvenience due to the deficiency of service on the part of opposite parties. Hence he is also entitled for an amount of Rs 20,000/- as compensation . The opposite parties have indulged in unfair trade practice by misguiding the complainant also. Opposite parties have failed to pay the auctioned amount and are evading payment by closing down their office. Hence prays for an order to pay the due amount of Rs 30,000/- plus dividend and compensation of Rs 20,000/- and cost. Forum sent notice to opposite parties. Notice of first opposite party returned unclaimed . Thus opposite party called absent and set exparte S.S. Ordered against opposite party no.1 on production of publication. First opposite party was called absent and set exparte . No version filed. The evidence consists of affidavit in chief and Exts.A1 and A2. The complainant stated in his chief affidavit that he was admitted to a group of chits (1)G7 F3 and (2) G7X. Ext. A1 are pass book which shows under details of chit the group name G7 F3 and date of commencement on 30.9.06. This details also contain monthly subscription 2500/- and date of termination on 30.4.2008. Page 4 of the Ext. A1 shows chit value is 50,000/-. Ext. A2 is the another pass book which shows the group name G7X and date of commencement of chit 3.6.05. Monthly subscription shows is Rs 400/- under details of chit. The page 4 of Ext. A2 under auction details chit value shows 10,000/-G7X-25. Both pass books are in the name of K. Chandran. Ext.A1 and A2 proves that the complainant chandran was admitted in two chits viz.(1)G7F3 and (2)G7X. It also proves that G7F3monthly subscription was Rs 2500/- and date of commencement on 30.9.06. It also proves that the date of termination was on 30.4.08. So also Ext. A2 proves that the date of commencement was on 3.6.05 and monthly subscription Rs 400/-. It also proves that the chit value was 10,000/- The entry in page 54 of Ext. A2 proves that the on 28th installment the complainant remitted Rs 50 by receipt No.423641 and then total calculation comes to Rs 8850. It also proves the entry of total amount including dividend shown is Rs 10,000/-. Ext. A1 page 22 under checking correction the total collection shown is Rs 20,000/- and the dividend shown is Rs 4000/-. Hence Ext. A1 proves the total amount due for payment in G-7F3 is Rs 24000/-. Thus allegation in both G-7F3 and G7Xincluding dividend comes to Rs 34,000/-. We hold that the non payment of auctioned amount is a deficiency of service on the part of opposite parties and closing down of office is an unfair trade practice. The complainant is entitled to get the due amount Rs 34000/- with interest @ 12% p.a.from the date of order till the date of payment together with a compensation of an amount of Rs 5000/- and Rs 250/- as cost of this proceedings and order passed accordingly. In the result,the complaint is allowed directing the opposite parties to pay a sum of Rs 34,000/- (Rupees Thirty four thousand only) as due amount with interest @ 12% p.a. from the date of order till the date of payment together with a sum of Rs 5,000/-(Rupees Five thousand only) as compensation and Rs 250/- ( Rupees Two hundred & fifty only)as cost of this proceedings to the complainant within one month from the date of receiving this order , failing which the complainant is at liberty to execute the order under the provisions of Consumer Protection Act. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT APPENDIX Exhibits for the complainant 1.Copy of the Chitts pass book issued by OP A2.Copy of the Chitts pass book issued by OP Exhibits for the oppoite parties Nil Witness examined for either side Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
