IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 28th day of January, 2013.
Present : Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C.No.165/2012 (Filed on 18.10.2012)
Between:
Varghese Mannumkal, aged 67,
Mannumkal House, Maroor,
Mallassery.P.O.,
Pramadom Village,
Kozhencherry Taluk,
Pathanamthitta Dist.
(By Adv. Muhammed Ansari) …. Complainant
And:
C.J. Harikumar,
Foreman & Managing Director,
Sree Gayathri Chits & Financiers,
Veluthedathu Building,
Kozhencherry.P.O.,
Pathanamthitta, residing at:
Chittayil House,
Vazhakkunnam Post,
Cherukolpuzha Village,
Kozhencherry Taluk).
(By Adv. George. K. Mathew) …. Opposite party.
O R D E R
Sri. Jacob Stephen (President):
The complainant has filed this complaint against the opposite party for getting a relief from the Forum.
2. The complainant’s case is that he was a chittal in a chitty conducted by the 1st opposite party and he started the said 20 month chitty having sala of ` 1 lakh on 10th November, 2010 by paying ` 5,000 as the 1st instalment. From the next month onwards he paid the monthly instalments and he auctioned the said chitty for ` 70,000 on 21.02.2011. For the payment of the price money, opposite party demanded a signed blank cheque along with signed stamped paper worth ` 100 as the security for giving the prize money. Accordingly, the complainant had given a blank cheque bearing No.380325 drawn from his account with the South Indian Bank, Mallassery Branch along with blank stamped paper worth ` 100 as demanded by the opposite party. The complainant had remitted 18 instalments of the chitty and the last 2 instalments were not paid as he was out of station during that period. Thereafter, he approached the opposite party and expressed his willingness to pay the defaulted instalments for closing the chitty account for getting back the documents given by him. But the opposite party never cared to settle the chitty account and to return the documents inspite of the complainant’s repeated demands. At last the complainant was compelled to issue a notice on 10.09.2012 to the opposite party in this regard which was also not yielded by the opposite party.
3. The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant and the opposite party is liable to the complainant for the same. Hence this complaint for an order directing the opposite party to return the documents along with compensation of ` 25,000 and cost of ` 2,000.
4. Opposite party entered appearance and filed version with the following main contentions: According to the opposite party, the dispute here in is not a consumer dispute and hence this complaint is not maintainable before this Forum. That apart, opposite party denied all the relevant allegations raised by the complainant in this complaint. Opposite party admitted the subscription of chitty and the payment of the chitty amount. But he denied the allegations regarding the blank cheque and the stamped paper given in connection with the release of the prize money to the complainant. However, the so called blank cheque and the stamp paper were given by the complainant as a surety in connection with a chitty transaction with one K.P. Jose and opposite party. The complainant was also an employee of the opposite party for sometime during the said transactions were occurred and the said fact was purposely suppressed by the complainant in this complaint. Since the allegations in the complaint are false, this complaint is not allowable as the opposite party has not committed any deficiency in service. With the above contentions, opposite party prays for the dismissal of the complaint.
5. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?
6. The evidence of this complaint consists of the oral depositions of PW1, DW1 and Exts.A1 to A5 and Exts. B1 and B2. After closure of evidence, both sides were heard.
7. The Point:- The complainant’s case is that the signed blank stamped paper and the signed cheque leaf submitted by the complainant to the opposite party for getting the prize money of the complainant’s chitty with the opposite party is not returned by the opposite party inspite of the complainant’s request and willingness to clear the outstanding dues of the opposite party.
8. In order to prove the case of the complainant, he had submitted an affidavit and an additional affidavit in lieu of his chief examination along with 5 documents. On the basis of the proof affidavit, complainant was examined as PW1 and the documents produced were marked as Exts.A1 to A5. Ext.A1 is the chitty passbook in the name of the complainant issued by the opposite party. Ext.A2 is the copy of the advocate notice dated 10.09.2012 issued for the complainant in the name of the opposite party. Exts.A3 and A4 are the postal receipts and the acknowledgment card in respect of Ext.A2 advocate notice. Ext.A5 is the legal notice issued for the opposite party in the name of the complainant demanding the payment of ` 1 lakh in respect of the cheque involved in this case.
9. The contention of the opposite party is that they have not collected any documents as claimed by the complainant whereas the complainant had given a cheque and a stamp paper in connection with the chitty transaction of one Mr. Jose. The said cheque and the stamp paper are not connected with the complainant’s chitty transaction and it was given in connection with another chitty transaction of one Mr. Jose. So the said document cannot be returned as demanded by the complainant.
10. In order to prove the contentions of the opposite party, he had adduced oral evidence as DW1 and produced 2 documents which are marked as Exts.B1 and B2. Ext.B1 is the receipt voucher dated 16.02.2011 issued by the opposite party in the name of the complainant for the receipt of ` 70,000. Ext.B2 is the receipt dated 10.12.2011 issued by one Jose K.P in favour of the opposite party for the receipt of ` 70,000 by the said Jose.
11. The materials on record shows that the complainant was a chital of the opposite party and he had received the prize money of the said chitty and he had an outstanding dues of 2 instalments. It is also seen that the complainant had received the price money on the basis of the chitty auction. So it is clear that the complainant had executed security documents and had given required documents as security for getting the chitty amount which is also the usual practice in this field. In this case, the complainant’s claim is that he had given signed blank stamp paper and a signed blank cheque leaf to the opposite party. The complainant’s claim is not rebutted by the opposite party by adducing any cogent evidence. At the same time, opposite party’s contention is that the so called cheque was given by the complainant not in connection with his chitty. But it was given in connection with the chitty of another person. This contention is also not proved with any cogent evidence. What prevented the opposite party to bring the security documents kept by them in connection with the chitty transaction of the complainant for disproving the complainant’s claim and what prevented them to bring the security documents in connection with the chitty transaction of the said Jose for proving the contentions of the opposite party.
12. Further, it is seen from Exts.A5 legal notice that the opposite party had demanded the payment of ` 1 lakh from the complainant in respect of the cheque involved in this case. The date of the said notice shows that the said notice was issued after about 4 months from the date of filing of this complaint by the complaint. So it is clear that Ext.A4 notice is an after thought of the opposite party for defending this case. From above said circumstances we find no reason to disbelieve the claim of the complainant. Therefore, we find that a blank signed stamp paper and a signed blank cheque leaf of the complainant is with the opposite party and it is not returned so far. The above said act of the opposite party is a clear deficiency in service. However, in the light of the admission of the complainant that he had dues of 2 chitty instalments the opposite party is liable to return the said documents kept by him after getting the dues. Therefore, this complaint is allowable with certain modifications.
13. In the result, this complaint is allowed thereby the opposite party is directed to return the signed blank stamped paper and the signed blank cheque leaf of the South Indian Bank, Mallassery Branch bearing No.380325 within 15 days from the date of receipt of this order on clearing the dues of the complainant by the complainant along with compensation of ` 2,500 (Rupees Two Thousand Five hundred only) and cost of ` 1,000 (Rupees One Thousand only).
Declared in the Open Forum on this the 28th day of January, 2013.
(Sd/-)
Jacob Stephen,
(President)
Sri. N. Premkumar (Member) : (Sd/-)
Smt. K.P Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Varghese Mannumkal
Exhibits marked on the side of the complainant:
A1 : Chitty passbook issued by the opposite party in the
name of the complainant.
A2 : Advocate notice dated 10.09.2012 issued by the
complainant to the opposite party.
A3 & A4 : Postal receipt and the acknowledgment card in
Ext.A2.
A5 : Legal notice dated 11.12.2012 issued by the opposite
party to the complainant.
Witness examined on the side of the complainant:
DW1 : Harikumar. C.J
Exhibits marked on the side of the complainant:
B1 : Receipt voucher dated 16.02.2011 for Rs.70,000 issued
by the opposite party in the name of the complainant.
B2 : Receipt dated 10.12.2011 issued by the opposite party
in the name of Jose. K.P., Kumaramparampil House,
Thengumkavu.P.O., Mallassery.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) Varghese Mannumkal, Mannumkal House,
Maroor, Mallassery P.O., Pramadom Village,
Kozhencherry Taluk, Pathanamthitta Dist. (2) C.J. Harikumar, Foreman & Managing Director,
Sree Gayathri Chits & Financiers,
Veluthedathu Building, Kozhencherry P.O.,
Pathanamthitta District.
(3) The Stock File.
