D.o.F:05/11/08

D.o.O:25/06/2010

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                            CC.227/08

                        Dated this, the 25^th      day of June 2010.

PRESENT

SRI.K.T.SIDHIQ                                            :PRESIDENT

SMT.P.RAMADEVI                                    :MEMBER

SMT.P.P.SYAMALADEVI                          :MEMBER

A.Bhaskaran Nair,

S/o B.Narayanan Nair,

R/at Cherukara House, Po.Thekkil,                       : Complainant

Chengala Via,Kasaragod

(Adv.K.Kumaran Nair,Kasaragod)

Managing Director,A.Vijayarajan,

M/s Prathibha Chits Pvt.Ltd,

S/o K.Kannan, Businessman,

R/at Prabhalayam, Mudiyakkal,                                 : Opposite party

PO.Bekal,Hosdurg.Kasaragod

(Adv.Subash Bozz.V.M,Kasaragod)

                                                                   ORDER

SMT.P.RAMADEVI  :MEMBER

       This complaint is filed by Mr.Bhaskaran Nair against the opposite party for recovery of an amount of Rs.90, 000/-.

     The case of the complainant is that the complainant joined a chitty cum deposit scheme conducted by the opposite party in the month of April 2006.  As per the terms of the scheme if a subscriber deposits an amount of Rs.3000/- per month continuously  for 24 months the opposite party offered to repay an aggregate amount of Rs.90,000/- at the end of the period of 24 months.  The monthly subscription was also allowed to pay in small installments by 24^th of each month.  The complainant remitted the monthly installments for the period of 24 months without fail, except for the month of July 2007.  For that month the complainant remitted the installments in the month of July 2007.  The chitty was closed on 25/4/08.  The opposite party issued a passbook to the complainant which shows the payments made by the complainant.  On maturity of the chitty cum deposit the complainant contacted the opposite party to get the amount.  But the opposite party evaded from making the payment on one pretext or the other.  The opposite party failed to pay the amount irrespective of repeated demands by the complainant.  Hence this complaint is filed for necessary relief alleging deficiency in service on the part of the opposite party.

2.  The opposite party duly served the notice and appeared through his counsel and filed  version.  In the version , he totally denied the entire averments made in the complaint and submitted that the complainant has not paid the chit amount up to duration.  The complainant paid the chitty premium only for four months and as per the norms of the chit he is entitled to get 70%  of the paid up amount.  Hence the complaint is liable to be dismissed with cost .

3.  The evidence in this case consists of the evidence of PW1 the complainant and Exts.A1 & A2 and Ext.B1 marked.

4.  Now the points arise for consideration are:

      1. whether there is any deficiency in service on the part of the opposite party?

      2.  If so, what is the order as to costs and compensation?

5.   The specific case of the complainant is that he paid the entire chit amount and after completion of the chitty the opposite party refused to pay the amount.  In order to prove his case the complainant produced Exts.A1&A2.  Ext.A1 is the duplicate passbook issued by the opposite party showing the monthly payments made by the complainant.  From Ext.A1 it is clear that he paid 25 monthly installments of Rs.3000/- per month.  According to him, he paid 24 monthly installments properly but he paid the installment due in the month of July &August 2007.  Ext.A2 is the original of Ext.A1 which he misplaced during the pendency of the chit.  The entries in Ext.A1 and all entries made in Ext.A2 (original passbook) are more or less same.  According to opposite party the passbooks i.e., Exts.A1&A2 are not genuine documents.  In order to substantiate their contention opposite party filed Ext.B1 variyola which shows the name and address of the subscriber, the terms and conditions of the chit and the payments made by the subscriber.  Here while cross examination of PW1, opposite parties counsel contented Ext.B1 variyola and the complainant admitted the signature and other entries made in Ext.B1.  But he has not admitted the suggestion that the complainant has paid only 4 installments.  The complainant explained that up to 4 installments one  Anil Kannur the pigmy agent collected the amount  after that the complainant directly paid the installments in the office of opposite party and when  he asked receipts  for payment the opposite party was not  issued receipts to the complainant.  Hence we are forced to accept the pleadings of the complainant since the opposite party has not produced any contra evidence in order to substantiate his contention.  He has not adduced any oral evidence or  faced cross examination.  From the above circumstances we are of the view that there is deficiency in service on the part of the opposite party.  Hence he is liable to compensate the complainant.

  In the result, complaint is allowed and the opposite party is directed to pay an amount of Rs.75, 000/- to the complainant as the chit amount with interest @ 12% per annum from the date of complaint till payment and further directed to pay a cost of Rs.5000/- to the complainant.  Time for compliance is 30 days from the date of receipt of copy of the order.

Sd/                                                                         Sd/                                                                    Sd/

MEMBER                                                      MEMBER                                                       PRESIDENT

Exts.A1&A2-chitty passbooks

B1-  variyola.

PW1-Bhaskaran Nair- complainant.

Sd/                                                                    Sd/                                                                        Sd/     

MEMBER                                                      MEMBER                                                       PRESIDENT

eva/

                                                                                           /Forwarded by Order/

                                                                                               SENIOR SUPERINTENDENT