IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 30TH DAY OF April 2018
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LLM. President
Sri. M.Praveen Kumar,Bsc, LLB ,Member
CC.145/2017
Geetha.G : Complainant
W/o Krishnadas
K.K.Nivas, Ambalanirappu P.O
Pandithitta, Thalavur
Kottarakkara
Kollam
[By Adv.Sumith Mohan , Kollam]
V/S
Thamarakudi Service Co-operative : Opposite party
Bank Ltd, 2815, Thamarakudi P.O
Kottarakkara, Kollam Dist, Pin – 691560
represented by the Convener,
Administrative Committee
ORDER
SRI. M. PRAVEEN KUMAR, MEMBER
The case is based on a complaint filed by Geetha.G wife of Krishna Das against the opposite parties seeking to direct opposite parties to pay an amount of Rs.1,15,000/-along with future interest as offered by opposite parties till the date of realization, also seeking compensation to the tune of Rs.50,000/- and costs of proceedings.
The allegations in the complaint in short are as follows.
The complainant had started a chitty with the opposite parties on 15-12-12 vide MDS.MS. 3/12 Chittal No 14 for an amount of Rs.1,000,00/- for a period of 40 months (2500x40).While the complainant was regularly paying the monthly installment till 13/09/13.The opposite parties suddenly stopped accepting the monthly installments stating that they are temporarily suspending all business transactions due to some misappropriations which took place on the bank. Hence
(2)
the complainant could only pay 10 monthly installments @Rs 2500/- and the last installment was paid on 15 / 9 /13. Due to the said deficiency of service on the part of the opposite parties the complainant could not finish the payment of entire installments. The amount already paid by the complainant is liable to be repaid by the opposite parties and they are not legally entitled to keep the same. Similarly on 25/4/12 the complainant started another Chitty with the opposite parties vide MDS. No. 1/2012 chittal number 14 for an amount of Rupees Two lakh for a period of 40 months( 5000 x 4). While the complainant was regularly paying the monthly installment till 15/ 9 /13, the opposite parties suddenly stopped to accepting the monthly installments stating that they are temporarily suspending all business transactions due to the misappropriation which took place on the bank and hence the complainant could only pay 18 monthly installment @ 5000/- and the last installment was paid on 15/ 9/13. Due to the said deficiency of service on the part of opposite parties the complainant could not finish the payment of entire installments. The amount already paid by the complainant is due to be repaid by the opposite parties and they are not legally in entitled to keep the same. At Present the opposite parties are illegally with holding the amount already paid by the complainant towards the monthly installments without any valid reasons. Even though several request made by the complainant for repayment of the said amount opposite parties are not ready to make the repayment stating that there is shortage of funds due to some kind of misappropriation happened in the bank.
The complaint is entitled to get the amount deposited by her in the Chitty transactions mentioned earlier from the opposite parties along with interest till date @ 12 % which is the rate which was offered by the opposite parties for fixed deposit during the relevant time. Even though sufficient fund is available with the opposite parties they are purposefully and unlawfully with holding the hard earned money of the complainant. On 13/1/17 and 6/2/17 the complainant given a written requests to the opposite parties demanding repayment to the money due to the complainant. But there is absolutely no response from the opposite parties. The act of the opposite parties amounts to deficiency in service and as also unfair trade practice. Hence the complainant approached the forum seeking the relief.
Though the opposite parties received notice from the forum they have neither appeared before the forum nor filed any written version.
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The points arise for consideration are:-
1. Whether there is any deficiency in service or any unfair trade practice on the part of opposite parties?
2. Whether complainant is entitled to get the amount claimed in the complaint with interest and as prayed for in the complaint?
3. Reliefs and costs
The complainant filed proof affidavit and got marked 4 documents as Ext. P1 to P4.Heard the complainant counsel.
Points number 1 & 2
For avoiding repetition of discussion of materials these two points are considered together. The specific case of the complainant is that she joined a chitty conducted by the opposite party Bank vide MDS. 3/12 Chittal number 14 for an amount of Rupees One lakh for a period of 40 months remitted 10 monthly installments @ Rs 2,500( 10 x 2500 =25000 ). Ext P1 passbook issued by the opposite party bank to the complainant would establish the same. It is also clear from the unchallenged averments in the affidavit coupled with Ext.P2 pass book would establish that she has also joined another chitty with the opposite parties on 25.04.2012 vide Chitty MDS No.1/12 and Chittal No.14 for an amount of Rs.2,00,000/- for the period of 14 months (5000x40). It is also clear from the averments of the affidavit coupled with Ext.P3 and P4 pass book towards Chitty No.MDS.3/12 the complainant has remitted Rs.25,000/- towards 10 chitty installments and Rs.90,000/- towards Chitty No.1/12 as 18 monthly installments. The averments in the affidavit would further show that while she was regularly paying the Chitty installments towards the above two chitties the opposite party suddenly stopped accepting monthly installments stating that they are temporarily suspending all business transactions due to some misappropriation and took place in the bank and further she could not continues to pay the further installments of above two chitties.
In view of the above materials on record it is clear that the complainant has paid Rs. 25,000/- towards the 1st chitty and Rs.90,000/- towards 2nd chitty and the
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opposite party has refused to receive the remaining installments due to the internal problems in the opposite party bank. It is also clear from Ext.P3 and P4 notices that the complainant has demanded to repay the amount she paid towards the 2 chitty transactions. But the opposite party has not paid the same nor send any reply to Ext.P3 and P4 notices. It is true that Ext.P3 and P4 notices would not indicate that she has paid only 10 monthly installments @Rs.2500/- towards the 1st chitty and 18 monthly installments towards the 2nd chitty. But instead she would claim that the period of chitty is over and therefore she is entitled to get the chitty amount without specifying the fact that she has remitted only 10 and 18 installments towards the 1st and 2nd chitty respectively. Even if she has not stated the amount or installments remitted by her towards each chitty Ext.P1 and P2 chitty pass books containing the endorsement of the opposite party would clearly indicate that the complainant has remitted only 10 installments towards 1st chitty @ Rs.2500/- till 15.09.13 and 18 installments towards the 2nd chitty @ Rs.5000/- including Veethapalisa. Therefore it is clear that Ext.P1 and P2 documents would substantiate the case of the complainant in her complaint as well as in the proof affidavit. It is also brought out in evidence through proof affidavit and Ext.P3 and P4 notice the opposite party bank has not returned the chitty installment deposited by her towards each chitty. Hence there is deficiency in service and unfair trade practice on the part of the opposite party bank. In the circumstance the complainant is entitled to get Rs.25000/- towards the 1st chitty and Rs.90,000/- towards the 2nd chitty with interest @ 12% per annum from 13.09.13 onwards. It is clear from the available materials that due to the non - payment of the chitty amount the complainant has sustained mental agony and hardship apart from financial loss. Therefore the complainant is entitled to get compensation also.
In view of the facts and circumstances of the case we are of the view that compensation to the tune of Rs.10000/- and costs to the tune of Rs.5000/- will be reasonable and sufficient. The points answered accordingly.
Point No.3
In the result the complaint stands allowed directing the opposite parties to pay Rs. 1,15,000/- with interest @ 9 % per annum from the date of the last installments paid (15/9/13), Rs. 10,000/- as compensation and Rs. 5000/- as costs of the proceedings within 45 days from today failing which the complainant is entitled to realize Rs.2,25,000/- with interest @ 12 % per annum from the date of last
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installments paid (15/9/13) till realization with costs Rs.5000/- from opposite party and its assets.
Dictated to the Confidential Assistant Smt.Vijimole.G transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 30th day of April 2018.
E.M.Muhammed Ibrahim:Sd/-
M.Praveen Kumar: Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Documents marked for the complainant
Ext.P1:- Chitty Pass book(M.D.S.NO.3/2012)
Ext.P2:- Chitty Pass book(M.D.S.NO.1/2012)
Ext.P3:- letter dated 13/01/2017 from Geetha.G
Ext.P4:- letter dated 06/02/2017 from Geetha.G
E.M.Muhammed Ibrahim:Sd/-
M.Praveen Kumar: Sd/-
Forwarded/by Order
Senior Superintendent
