By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite party to pay Rs.50,000/- being the chitty amount to the complainant with 12% interest from 10.01.2013 and to pay Rs.10,000/- as compensation and cost of the proceedings.
2. Brief of the complaint:- The opposite party is the proprietor of Dhanarani Chits Private Limited, Sulthan Bathery and the complainant joined in to a chitty with 50,000/- Rupees as sala on 28.12.2010. The monthly subscription was Rs.2,000/-. The complainant paid the full chitty amount as on 28.12.2012. But the opposite party informed the complainant that a sum of Rs.4,400/- is still to be paid into the chitty by the complainant. The complainant remitted that amount also on 09.01.2013. But even after the expiry of the chitty, the opposite party did not pay the chitty amount to the complainant. The complainant demanded the amount several times at last on 20.06.2014, when the complainant went to the office of the opposite party, the complainant found that the office is closed. The complainant then went to the house of the opposite party and demanded the amount, the opposite party did not pay the amount till today. The non payment of chitty amount is a deficiency of service from the part of opposite party. Aggrieved by this the complaint is filed.
3. On receipt of complaint, notice was issued to opposite party and the notice was returned with a reason "addressee left this place so returned to sender". Since the address is correct and there is "deemed service" the opposite party's name called on 29.12.2014 and the opposite party is set ex-parte.
4. On going through the complaint and document, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?
2. Relief and Cost.
5. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and document is marked as Ext.A1. Ext.A1 is the pass book. On going through the Ext.A1 document, it is evident that the complainant had joined in the chitty named Dhanarani Chits Private Limited, Sulthan Bathery in Group No.DRH7/21 on 28.12.2010 and paid the entire chitty amount after dividend. There is no evidence to prove that the chitty amount is disbursed to the complainant. It is up to the opposite party to disprove the case of complainant. The opposite party remained ex-parte. There is nothing to disbelieve the case of complainant. So the Forum is of the opinion that there is deficiency of service from the part of opposite party. The point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.50,000/- (Rupees Fifty Thousand Only) to the complainant being the chitty amount to be payable by opposite party in chitty No.DRH7/21 commenced on 28.12.2010 and terminated on 28.12.2012 along with 12% interest from the date of filing of this petition till payment. The opposite party is also directed to pay Rs.3,000/- (Rupees Three Thousand Only) as compensation and Rs.1,000/- (Rupees One Thousand Only) as cost of the proceedings. The opposite party is directed to pay the amounts to the complainant within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 19th day of January 2015.
Date of Filing:14.11.2014
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Reetha. P. M. (Affidavit)
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Chitty Pass book.
Exhibits for the opposite Party.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
