DATE OF FILING: 21.03.2014

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of July, 2014

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.LIZAMMA ABRAHAM.K MEMBER

SRI.BENNY.K MEMBER

C.C No. 119/2014

Between

Complainant : K.J.Mani,

Kuthanapillil House,

Thadiyampadu P.O,

Vazhathoppu - 685 602,Idukki District.

(By Adv: Shiji Joseph)

And

Opposite Parties : 1. The Chairman & Managing Director,

Apple Tree Chits India Pvt. Limited,

Corporate Office,

Madeena Arcade, Baker Junction, Kottayam - 1.

2. K.J. James,

Chairman,

Apple Tree Chits India Pvt. Limited,

Pulimoottil Arcade,

Baker Junction, Kottayam - 1.

3. Sankar G.Das,

Managing Director,

Apple Tree Chits India Pvt. Limited,

Pulimoottil Arcade,

Baker Junction, Kottayam - 1.

4. R.Vinaykumar,

Executive Director,

Apple Tree Chits India Pvt. Limited,

Pulimoottil Arcade,

Baker Junction, Kottayam - 1.

5. The Branch Manager,

Apple Tree Chits Iindia Pvt. Limited,

Paliyathu Buildings,

Market Road, Thodupuzha.

6. The District Registrar,

Registrar Office,

Karikkodu, Thodupuzha.

(cont...2)

7. The Inspector General,

Department of Registration,

Vanchiyoor P.O,

Thiruvananthapuram – 695 035.

O R D E R

SRI.BENNY.K(MEMBER)

The complainant had joined a chit conducted by the opposite parties named 'Apple Tree Chits Private Limited' by the deliberate inspiration of the agent M.K.Joseph. The opposite parties guaranteed to give back the full amount of chit after 3rd or 4^th instalments. Believing the words, the complainant joined the chit. The complainant paid Rs.40,000/- as the first instalment on 4.04.2013 and paid upto 4^th instalment of Rs.32,000/- each till 4^th July 2013. In July 2013 the chit run by the Ist opposite party was flopped due to the non-payment of the prized amount. For the subsequent months, the Thodupuzha branch office did not function and the complainant did not remit the amount. Many times the complainant approached the opposite parties for repayment of the money. Accordingly on 27.09.2013 the Ist opposite party executed a cheque for Rs.1,36,000/- as the amount paid by the complainant. The complainant presented the cheque for encashment on 3.10.2013 and it was dishonoured due to insufficient fund in the account of the opposite parties. For the non-payment of money the opposite parties 1 to 5 are jointly and severally liable to the complainant. The chit was registered with the 5^th and 6^th opposite parties and the opposite parties might have collected a total of Rs.4 crores as the initial payment. The opposite parties 1 to 4 has not properly register the chit before the 6^th opposite party.

2. Inspite of notices received from the Forum, opposite parties 1 to 5 never appeared or represented. Hence they were set exparte.

3. The 6^th opposite party filed written version and stated that opposite party company has no registration in Idukki district and such chit institution need no registration if started before the Central Act.

4.The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to ?

5.No oral evidence adduced by both parties. Exts.P1 to P3(series) marked from the side of the complainant.

(cont....3) - 3 -

6.The POINT:- The complainant had joined a chit conducted by the opposite parties and deposited an amount of Rs.1,36,000/- as per Ext.P2 pass book. After the deposit of 4^th instalment, the complainant approached the opposite party for getting back the deposited amount, then they issued a cheque for Rs.1,36,000/-. The cheque was dishonoured due to lack of fund, which is clear from Ext.P3(series) memo. After accepting the chit amount and issuing cheque without sufficient fund in the bank is a clear case of cheating. We think it is a clear case of deficiency in service and the opposite party is liable to return the amount received as deposit. Complainant is eligible for getting compensation for the mental and financial hardships suffered due to the act of the opposite parties. Opposite parties 4 to 7 are not necessary parties and hence they are exonerated.

Hence the petition allowed. The opposite parties 1 to 3 are directed to return pay Rs.1,36,000/- as per Ext.P2 pass book to the complainant with 9% interest per annum from the date of deposit. The opposite parties 1 to 3 are also directed to pay Rs.2,500/- as compensation and Rs.2,500/- as cost of this petition within 30 days of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.

Pronounced in the Open Forum on this the 30^th day of July, 2014

Sd/-

SRI.BENNY.K(MEMBER)

Sd/-

I agree SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

I agree SMT.LIZAMMA ABRAHAM.K(MEMBER)

(cont....4)

- 4 -

APPENDIX

Depositions :

On the side of Complainant :

Nil

On the side of Opposite Parties :

Nil

Exhibits:

On the side of Complainant:

Ext.P1 - Brochure of Sree Say Sankara Vidyapeedam, Puthuppally

Ext.P2 - Pass Book issued by the opposite party

Ext.P3(series) - Cheque Return Memos(2 Nos) with returned cheque

On the side of Opposite Parties :

Nil

Forwarded by Order,

SENIOR SUPERINTENDENT