IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Present:
Hon’ble Mr. Bose Augustine, President
Hon’ble Mr. K.N. Radhakrishnan, Member
Hon’ble Mrs. Renu P. Gopalan, Member
CC No. 101/2014
Tuesday, the 30thday of June, 2015
Petitioners : Varghese P.A.
S/o. Ouseph,
Panethazhathu House,
Kallara P.O.
Muttuchira Village.
(Adv. Josekutty Mathew)
Vs.
Opposite Parties : 1) Apple Tree Chits India (P) Ltd.
Regd Office: Puthuppally,
Kottayam.
2) Rajesh,
S/o. Kuttappan,
Koonthanimalayil House,
Kadapooru kara,
Kanakkary, Kottayam.
O R D E R
Hon’ble Mr. K.N. Radhakrishnan, Member
The case of the complainant presented on 10/03/2014 is as follows.
On September 2012, the 2nd opposite party approached the petitioner offering that if the petitioner become a chitty subscriber of a chitt, that was conducting by the 1st opposite party having sala of Rs.10,00,000/- and if the petitioner remit 3 installments of Rs.50,000/- ,each the petitioner would get Rs.7,45,000/- as advance. The 2nd opposite party with whom the petitioner had acquaintance himself introduced as one of the Directors of the 1st opposite party and induced the petitioner to join the chitt. Since, the petitioner was in search of 8,00,000/- rupees for arranging a Dependant visa for his son’s wife. So, the petitioner readily agreed to join the chitty in the name of his son one Sumith P. Varghese and remit Rs.50,000/- as first installment. Thereafter, two installments were also remit on the due dates. After the remittance of 3 installments, the petitioner and his son demanded Rs.7,45,000/- as promised by the opposite parties. But, they have assured that within one or two months, they would pay the agreed amount provided that the petitioner or his son should remit the subsequent monthly installments in correct time. So, the petitioner remitted at about 3,50,000/- to the 1st opposite party’s company as chitt installments. But even after two months, the opposite party could not pay the offered amount of Rs.7,45,400/-. Expecting the amount of Rs.7,45,400 from the opposite parties, the wife of the petitioner’s son, who came from Saudhi Arabia to go to U.K. where her husband works. But, the opposite party failed to gave the chitt amount of Rs.7,45,000/- as promised in January or February 2013. So the wife of the petitioner’s son could not arrange Dependant visa depositing Rs.8,00,000/- and hence she returned to Saudhi Arabia for resuming her nursing job. The petitioner and his son informed to the opposite parties that they were going to close the chitty transaction and demanded back the remitted amount from them. At last in March 2013, the opposite parties agreed to pay an amount of Rs.7,45,000/- as chitty amount to the petitioner’s son and for the payment of the amount, the 1st opposite party issued a cheque of the same amount. Then, the petitioner and his son refused to accept the cheque amount. The reason was that till that time they remitted Rs.3,50,000/- as chitt installments. The petitioner and his son procured these amounts from taking loan from private financiers for exorbitant interest. So with the rest of the amount of about 3 lakhs, the petitioner could not arrange Dependant visa for his son’s daughter. Then, the opposite party suggested to the petitioner that, if he join another chit of the respondent, within 5 months, the 1st opposite party would give Rs.7,45,000/-. Then the petitioner and his son accepted the cheque and encashed the cheque amount of Rs.7,45,000/-. Believing the promise of the opposite party, the petitioner joined in the 2nd chitty and remitted 5 installments. On 10/08/2013, the 1st opposite party issued a cheque bearing No.177803 drawn on North Malabar Gramin Bank for Rs.7,45,000/-. At the time of issuing the cheque, the opposite party had promised that when the cheque presented to the bank, there could be sufficienct amount in the account of the 1st opposite party. When the petitioner informed the dishounour of the cheque to the opposite party, they paid Rs.60,000/- to the petitioner and told that after one month, when the cheque re-represented there would be rest of the amount in the account of the 1st opposite party. Again, when the petitioner presented the cheque, it was dishonored. Then, the petitioner approached the opposite party for cheque amount after deducting Rs.60,000/-. At that time, the opposite parties took a stand that altogether the petitioner had remitted Rs.7,00,000/- as chitty installments in both chitt and the opposite party gave entire amount through the 1st cheque issued to petitioner’s son. There was clear deficiency of service from the side of the opposite party. Hence this complaint.
The notices were sent to the opposite parties. But the opposite parties did not accept the notice from this Forum. Hence the complainant takes substituted service through paper publication in Managalam Daily. There after also, the opposite parties did not appear before this Fora .
The complainant filed proof affidavit and documents, which are marked as Exts. A1 to A7.
Heard complainant. We have gone through the complaint, documents and evidence. The case of the complainant stands unchallenged by the opposite parties, even after taking paper publication from this Forum as substituted services of notice. So, we have no reasons to dis-believe the case of the complainant. Hence, we are of the opinion that the case of the complainant is to be allowed.
In the result, the complaint is allowed as follows.
- We direct the opposite parties to pay Rs.2,50,000/- to the complainant and pay Rs.2,000/- as costs of these proceedings.
The Order shall be complied with within a period of one month from the date of receipt of a copy of this Order. The Order not complied within one month, the amount will carry interest @ 10% per annum from the date of Order till payment.
Pronounced in the Open Forum on this the 30th day of June, 2015
Hon’ble Mr. K.N. Radhakrishnan, Member Sd/-
Hon’ble Mr. Bose Augustine, President Sd/-
Hon’ble Mrs. Renu P. Gopalan, Member Sd/-
Appendix
Documents of petitioner
Ext.A1 : Passbook (ID 3268) from 1st opposite party.
Ext.A2 : Cheque dtd.21/08/13 from North Malabar Gramin Bank
Ext.A3 : Return Memo dtd.16/10/2013 from North Malabar Gramin Bank.
Ext.A4 : Photocopy of statement from Llyods TSB
Ext.A5 : Photocopy of marriage certificate dtd.13/02/12 from St.Alphonsa Church
Ext.A6: Certificate from Kingdom of Saudi Arabia Ministry of Health
Ext.A7 : Photocopy of conduct certificate from Maternity and Childrens Hospital,
Buraidah, Al-Qassim, K.S.A.
Documents of opposite party
Nil
By Order
Senior Superintendent
