THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.158/2015
Dated this the 4th day of November, 2017
(Smt. Rose Jose, B.Sc, LLB. : President)
Smt.Beena Joseph, M.A : Member
Sri. Joseph Mathew, M.A., L.L.B. : Member
ORDER
Present: Rose Jose, President:
This petition is filed by the petitioner under Section 12 of Consumer Protection Act, 1986 for getting an order directing the opposite party for the return of the remitted amount of Rs.2,00,000/- and Rs.1,00,000/- as compensation for his mental pain and other sufferings and also cost of the proceedings.
The opposite parties are conducting chitty business Viz. Apple Tree Chits India Pvt. Ltd. The 2nd opposite party is its Registered Office and the 1st opposite party is its branch office at Meenachanda, Kozhikode. The 3rd opposite party is its Managing Director, the 4th opposite party is its Executive Director and 5th opposite party is its Chairman.
Petitioner’s case is that, he was a subscriber of this Chitty vide No. 14851 under ATIJ Tariff. The Sala of the Chitty was Rs10,00,000/- for a period of 20 months and the monthly subscription was Rs.50,000/-. He had joined at that chitty before the 1st opposite party on 29/05/2013. While joining in that chitty opposite parties promised that they will give Rs.7,50,000/- at the 5th month as offer amount. He had remitted Rs.2,00,000/- towards the chitty from 29/05/2013 to 31/08/2013 including dividend. The amount remitted has been entered in the pass book issued by them. The petitioner further stated that, the opposite parties have not give the promised amount of Rs.7 ,50,000/- and now they stopped the chitty business and their office found closed. They have withdrawed all the amounts subscribed by the customers from their bank account and fraudulently diverted the amount for their personal achievements and thereby cheated the subscribers. They are bound to repay the subscribed amount with compensation and the non-payment of the amount is unfair trade practice and also deficiency in service on their part and this caused much mental agony, financial loss and other difficulties to him. He had issued a lawyer notice on 16/06/2014 to all the opposite parties demanding return of the remitted amount with interest and compensation. The 3rd opposite party received the notice but the others returned it. Though 3rd opposite party received the notice, he has not complied with his demands or even cared to send a reply to that notice. Hence this petition seeking reliefs.
Even after paper publication, the opposite parties did not appear or filed version. Hence they set ex-parte.
The petitioner filed affidavit in lieu of his petition and produced documents 4 in numbers in support of her averments and these are marked as Ext. A1 to A4. Ext. A1 is the pass book dated 29/05/2013 issued by the opposite parties, Ext. A2 is the copy of lawyer notice issued to the opposite parties dated 16/05/2014, Ext. A3 is the acknowledgement card and Ext. A4 is the returned postal articles (lawyer notice) issued to the 1st, 2nd, 4th and 5th opposite parties.
According to the petitioner he had joined in that chitty conducted by the opposite parties believing their promises that after 5 months they will give Rs.7,50,000/- as offer amount. He had remitted Rs.2,00,000/- towards that chitty. But the opposite parties had closed the chitty permanently without paying the offered amount or even returning the remitted amounts to their subscribers. The opposite parties have misappropriated the subscribed amounts for their personal achievements and they cheated the subscribers. The opposite parties are bound to repay the remitted amount along with compensation to the subscribers. The non-payment of the amounts is unfair trade practice and also deficiency in service on their part.
Though the petitioner had stated that, he had remitted Rs.2,00,000/- towards the chitty, a perusal of Ext. A1 shows that the petitioner had remitted only Rs.1,70,000/-. So he is entitled to get the said amount only. In Ext. A1 pass book it is endorsed that the opposite parties company is having the right to take Rs.50,000/- as foreman’s commission. But if only they have completed the chitty transaction as per their terms and conditions, they become entitled for commission. Here the opposite parties have not completed the chitty transaction and they have closed the chitty before its maturity. So they have no right to demand any amount as commission.
The opposite parties have not appeared or adduced any evidence to disprove the averments of the petitioner or to rebut the veracity of the documents produced and marked by him. Hence the case of the petitioner stands unchallenged and proved. Considering the facts stated and evidence on record, we are also of the view that, the closing of the chitty before maturity and non-payment of the remitted amounts to the subscribers amounts to deficiency in service on the part of the opposite parties.
In the result the following order is passed.
The opposite parties are jointly and severally ordered to repay the remitted amount of Rs.1,70,000/- (Rupees one lakh seventy thousand only) along with Rs.80,000/- (Rupees eighty thousand only) as compensation and Rs.3,000/- (Rupees three thousand only) as cost (which includes the paper publication charge) to the petitioner within 30 days from the date of receipt of this order.
Dated this the 4th day of November, 2017
Date of filing: 17/03/2015
SD/-MEMBER SD/-PRESIDENT SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Pass book dated 29/05/2013 issued by the opposite parties
A2. Copy of lawyer notice issued to the opposite parties dated 16/06/2014
A3. Acknowledgement card
A4. Returned postal articles (lawyer notice)
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
None
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
