By. Smt. Reninol Mathew, Member:-
Brief of the complaint:- The complainant is running an Ayurvedic Pharmacy at Madakkara. On June 2012 the opposite party No.2 approached the complainant and compelled him to join a chitty with DVM Chits Sulthan Bathery. On that day opposite party assured that his agents will come and collect the subscription amount. On believing the assurance and promises given by the opposite party No.2 complainant joined a chitty of Group No.DKM 5 Ticket No.9 of Rs.50,000/-. Thereafter this complainant paid the subscriptions to the daily collection agent of the opposite party without any fault. The complainant regularly paid the subscription amount through the agent upto 06.04.2013. Thereafter the agent had not approached this complainant to collect the subscription. On enquiry complainant came to know that opposite parties shutdown their branch office and absconded without paying the money to their subscribers. While so on 06.06.2013 there was a report in Mathrubhumi daily newspaper that opposite party No.1 surrendered before the police and they were searching for opposite party No.2. The complainant compelled to join the chitty in order to invest some amount to meet the expenses of his younger son's marriage. But due to this adverse situation complainant borrowed some amount from the private financiers to meet the expenses of his son's marriage and paid huge amount towards interest. According to complainant he has paid altogether Rs.35,000/- towards subscription. And complainant alleges that opposite parties are liable to compensate the excess amount paid as interest. Thereafter complainant sent a lawyer notice to the opposite parties. On receipt of lawyer notice opposite parties approached the complainant and sought 2 months time for payment. But they were not complied their promise, hence filed this complaint to get back the deposited amount of Rs.35,000/- with 12% interest with compensation and cost of this proceedings.
2. Notices served to opposite parties they were not present before the Forum and not filed Version since 30.04.2014. Hence they set ex-parte and proceeded with the case.
3. On considering the complaint, affidavit and documents the following points are to be considered:-
1. Whether there is any unfair trade practice conducted by the opposite parties?
2. Relief and Cost.
4. Point No.1:- Complainant's Power of Attorney Holder filed chief affidavit and he was examined as PW1. Exts.A1 to A5 documents were marked. Ext.A1 is the Chitty Pass book. Ext.A2 is the copy of Lawyer Notice sent to opposite parties. Ext.A3 series are the Postal Receipts. Ext.A4 series are the Acknowledgment Cards. Ext.A5 is the Power of Attorney executed by the complainant in favour of his son Binu. K. Heard the complainant, on verification of Ext.A1 we found that complainant had paid Rs.25,525/- as subscription to Chitti No. DKM 5 Ticket No.9 to opposite parties. Thereafter opposite parties stopped the collection and locked out their branch office and absconded. This complainant happened to join the chitty under the compulsion of opposite parties and more over that he want to get the auction benefit of the chitty to meet the expenses of his younger son's marriage. Instead of giving this benefit opposite parties troubled this complainant and absconded. Notices sent to opposite parties by this Forum served on 08.03.2014 but purposefully opposite parties not attended the proceedings. Hence they set ex-parte and proceeded with the case; opposite parties collected huge amount from the complainant and absconded. After collecting huge amount from the public, now the Chitty companies are started the practice of shut down their branch offices. This sort of practice must be prevented by court of law. In order to prevent this it is necessary to impose heavy fine as compensation. So this Forum finds that the complainant is entitled to get the the deposited amount with compensation. Going through the evidences and records we find that opposite parties conducted unfair trade practices not only to this complainant but to many subscribers. Hence complainant is entitled to get back the deposited amount with cost and compensation. The Point No.1 is found accordingly.
5. Point No.2:- The Point No.1 is found in favor of complainant, hence the complainant is entitled to get the deposited amount with cost and compensation. The Point No.2 is decided accordingly.
In the result the complaint is partly allowed. The opposite party No.1 is directed to pay Rs.25,525/- (Rupees Twenty Five Thousand Five Hundred and Twenty Five Only) with 12% interest from the date of complaint till payment and opposite party No.1 is also directed to pay Rs.5,000/- (Rupees Five Thousand Only) as compensation for the unfair trade practice and deficiency of service. The opposite party No.2 is directed to pay Rs.2,500/- (Rupees Two Thousand and Five Hundred only) as cost of this proceedings. This Order must be complied by the opposite parties 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 23rd day of July 2014.
Date of Filing:21.02.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1(Affidavit). Binu. Power of Attorney Holder of Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Chitty Pass Book.
A2. Copy of Lawyer Notice.
A3(Series). Postal Receipts ( 2 Nos).
A4(Series). Acknowledgment Card (2 Nos).
A5. Power of Attorney.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
