ORDER<br /> <br /> Smt. C. Lathika Bhai (Member):<br /> <br /> The complainant Deepakumari, Olipurathu, Cherukole P.O., Kozhencherry has filed this complaint against the opposite party Arunkumar, Proprietor and Foreman, Middle East, chitty Fund, Konni, for a relief from the Forum.<br /> <br /> 2. The facts of the case are as follows:- The complainant was a subscriber of the chitty started by the opposite party with 40 monthly instalment of Rs.2,500/- each with sala Rs.1,00,000/- in the month of January 2004. The complainant paid 11 instalments. The said chitty prized in favour of the complainant at the 9th instalment and the prized amount was Rs.70,000/-. But the chitty amount was not given to the complainant by the opposite party till Nov. 2004. Meanwhile, she had paid 11 instalments. Consequent to the non-payment of the chitty amount, the complainant stopped the payment of the chitty instalments after the 11th instalment. Though the complainant had paid 11 instalments, opposite party had issued receipts only for 8 instalments. But in the chitty passbook 11 instalments were entered. <br /> <br /> 3. During September 2006, the complainant learned that opposite party wound up his chitty business. Thereafter, the complainant approached opposite party directly and through mediators to get back the money. The opposite party was evading the payment under the pretext of one or other. The non-payment of prized chitty amount and the paid instalments after the winding up is an unfair trade practice and a deficiency of service from the part of the opposite party and thereby she had sustained mental agony and financial loss. Hence she filed this complaint for getting a total amount of Rs.36,975/- from the opposite party as the amount paid with interest, cost and compensation. <br /> <br /> 4. Opposite party has not appeared or filed any version and he is declared exparte and he remains as such till the end of the trial.<br /> <br /> 5. The points to be considered in this case are:-<br /> (1)Whether the case is maintainable before the Forum?<br /> (2)Whether the relief sought for is allowable?<br /> (3)Compensation and Cost?<br /> <br /> 6. The evidence in this case consists of the oral evidence of the complainant’s Power of Attorney holder who was examined as PW1 and the documents produced for the complainant as per the proof affidavit are marked as Exts.A1 to A3. Since opposite party was exparte, there is no evidence for the opposite party.<br /> <br /> 7. Point No.1:- Complainant is a consumer of the opposite party and the dispute is with regard to the deficiency of service of the opposite party. Hence, the complaint is maintainable before the Forum.<br /> <br /> 8. Points 2 to 3:- The complainant’s Power of Attorney holder was examined as PW1. The Power of Attorney in favour of PW1 produced is marked as Ext.A1. PW1 stated that she is conversant with the facts of the case and added that the complainant has subscribed a chitty started by the opposite party with 40 monthly instalment with sala of Rs.1,00,000/-. For the remittance of chitty instalments, PW1 has produced 6 receipts issued by the opposite party from 5.1.2004 to 2.7.2004 which are marked as Ext.A2 series (Exts.A2, A2(a), A2(b), A2(c), A2(d) and Ext.A2(e). The pass book issued by the opposite party produced is marked as Ext.A3. According to PW1, the chitty was prized in her favour on the 9th instalment for Rs.70,000/- and the amount was not paid by the opposite party. The complainant paid upto 11th instalment and stopped the payment, as she was not given the prized amount. Now the opposite party’s chitty business was wound up. The act of opposite party is unfair trade practice and deficiency of service and he is liable to pay the amount paid by the complainant along with interest, cost and compensation to the complainant. Hence the complainant seeks the reliefs sought for in the complaint.<br /> <br /> 9. The documents from the side of the complainant, Ext.A2 series are the receipts issued by the opposite party for the remittance of chitty instalments. Ext.A2 is the receipt for the first instalment of Rs.2,500/-, Ext.A2(a) is the receipt for the 2nd instalment of Rs.2,500/- including Rs.500/- as veethapalisa, Ext.A2(b) is the receipt for the 3rd instalment of Rs.2,500/- including Rs.500/- as veethapalisa, Ext.A2(c) is the receipt for the 4th instalment of Rs.2,500/- including Rs.500/- as veethapalisa, Ext.A2(d) is the receipts for the 5th and 6th instalment of Rs.2,500/- each including veethapalisa of Rs.500/- each and Ext.A2(e) is the receipts for the 7th and 8th instalments of Rs.2,500/- each including Rs.500/- each as veethapalisa. Ext.A3 is the chitty pass book issued by the opposite party to the complainant. According to PW1 and as per Ext.A3, an amount of Rs.22,500/- was remitted by 11 instalments. <br /> <br /> 10. As per Ext.A2 series, the complainant had actually paid an amount of 16,500/- in 8 instalments. Though the complainant claims that she had paid 11 instalments, there is no documents to prove the same. The entries in Ext.A3 pass book shows a total remittance ~of an amount of Rs.22,500/-. But there is no receipts for the same like Ext.A2 series. Hence we are not accepting Ext.A3 in evidence. However it is clear that the complainant had paid an amount of Rs.16,500/- and it is evident from Ext.A2 series. The non payment of the amount received by the opposite party even after the maturity of the chitty is a clear deficiency of service from the part of the opposite party and he is liable to pay the actual amount remitted by the complainant less the first instalment i.e. Rs.14,000/-. There is no evidence for the prizing of the chitty in favour of the complainant. Also there is no evidence for deficiency of non payment of the prized amount. Therefore, the complainant is entitled to get an amount of Rs.14,000/- from the opposite party with interest at the rate of 12% per annum from the date of complaint. Due to the deficiency of service of opposite party, complainant suffered mental agony and financial loss and she is eligible to be compensated. Hence we order compensation of Rs.2,500/- and cost of Rs.1,000/- for the deficiency of service of the opposite party.<br /> <br /> 11. In the result, this complaint is allowed partly, thereby the complainant is allowed to realise Rs.14,000/- (Rupees Fourteen thousand only) with 12% interest per annum from the date of this complaint till this date and thereafter at 6% interest per annum till the realisation of the whole amount, and a compensation of Rs.2,500/- (Rupees Two thousand five hundred only) along with cost of Rs.1,000/- (Rupees One thousand only) from the opposite party. The opposite party is directed to pay the amounts so awarded in favour of the complainant within one month from the date of receipt of this order, failing which the interest for the awarded amount will follow at 9% per annum till whole payment.<br /> <br /> Declared in the Open Forum on this the 25th day of July, 2008.<br /> <br /> C. Lathika Bhai,<br /> (Member)<br /> Sri. Jacob Stephen (President) :<br /> Sri. N. Premkumar (Member) :<br /> Appendix:<br /> Witness examined on the side of the complainant:<br /> PW1 : K.T. Santhakumari.<br /> Exhibits marked on the side of the complainant:<br /> A1 : General Power of Attorney dated 19.6.2007executed by the complainant in <br /> favour of Santhakumari.<br /> A2 : Chitty receipt dated 5.1.2004 for Rs.2,500/-.<br /> A2(a) : Chitty receipt dated 30.1.2004 for Rs.2,500/-.<br /> A2(b) : Chitty receipt dated 20.2.2004 for Rs.2,500/-.<br /> A2(c) : Chitty receipt dated 2.4.2004 for Rs.2,500/-.<br /> A2(d) : Chitty receipt dated 2.5.2004 for Rs.5,000/-.<br /> A2(e) : Chitty receipt dated 2.7.2004 for Rs.5,000/-.<br /> A3 : Chitty Pass Book.<br /> Witness examined on the side of the opposite party : Nil.<br /> Exhibits marked on the side of the opposite party : Nil.<br /> <br /> <br /> <br />