By Sri. A.S. Subhagan,  Member:

          This  is a Consumer Complaint preferred under Section 35 of the Consumer Protection Act 2019.

          2. Facts of the case in brief:-  The Complainant was enrolled as chital in two chitties of the Dhanakodi Chits Private Limited of the Opposite Parties, commenced from 10.02.2022 and ends on 10.02.2024, and from  10.02.2022 to 10.04.2023, the Complainant  had remitted Rs.5,290 x2 = 1,05,960/-  in the two chitties.  In the meantime,  the Opposite Parties had tried  to close their company,  which lead to police case and media news.  On enquiry, it is known that the Opposite Parties had cheated many chitals without making payment, absconded and  at  last surrendered before the police.  Inspite,   the Complainant had got the bid of the chitty amounting  to Rs.2,00,000/-  in February 2023,  the Opposite Parties had not  made payment of the chitty to the Complainant.  The act of the Opposite Parties is unfair trade practice.  Moreover, the non payment of the amount to the Complainant is deficiency in service from the  part  of the Opposite Parties.  This had caused mental agony and financial  loss to the Complainant.  Hence,  this  complaint with prayers:-

1.  To direct the Opposite Parties to pay Rs.2,00,000/- being  the chitty sala of  Rs.1,00,000/- each of two  chitties with  12% interest from 10.02.2023.
2. To direct the Opposite Parties to pay Rs.1,00,000/-  for mental agony and other loss and inconvenience.
3. To direct the Opposite Parties to pay Rs.50,000/-  towards cost of this complaint.

3. Upon registering the complaint,  summons were issued to the Opposite

Parties but it was returned as “Office closed down, addressee left”.  Hence,  the Opposite Parties were set ex-parte.

          4. Exts.A1 series were marked from the side of the Complainant. Ext.A1 series (2 Pages)  are the copies  of Chitty Pass Book  (Original also submitted)  which show that the allegation of  the Complainant is genuine.  ie,  amount  at the rate of Rs.52,980/-  have been remitted by the Complainant in respect of  Chitty No.1 and  Chitty No.2 each with the Opposite Parties totalling Rs.52,980 + 52,980=1,05,960/-.  The Complainant  had no oral evidence.  Conducting Chitty company,  collecting amounts from chittals and absconding without making payment to chittals and thereby cheating them is unfair trade practice/ deficiency in service.  In this case,  the Opposite Parties had collected chitty instalment amounts from the Complainant and absconded by closing  down their chitty company without making payment.  The Opposite Parties had the opportunity to appear before the Commission and contest their case.  But they were ex-parte.  Therefore, we have no other option than to accept and believe the allegations of the Complainant.  So, unfair trade practice/deficiency in service is proved  against the Opposite Parties for which they are liable to pay the chitty amount,  compensation for mental agony,  loss and cost of this complaint to the Complainant.  But, the amount claimed, rate of interest,  compensation and cost are seen exorbitant.

          In the result,  the complaint is partly allowed and the Opposite Parties are directed:-

1.  To  pay Rs.1,05,960/-  (Rupees One Lakh  Five thousand Nine hundred and Sixty only)  being the total Chitty amount collected from the Complainant together with interest at the rate of 9% per annum with effect from 10.02.2023.
2. To pay Rs.1,00,000/-  (Rupees  One Lakh only) as compensation  and
3. To  pay Rs.25,000/-  (Rupees Twenty Five thousand only) as cost of this complaint.
4. This  Commission had issued an interim  order in IA 350/2023  dated 29.05.2023  for conditional  attachment of property scheduled along with  the IA encumbered with Rs.4,50,000/-  which is now modified and made absolute as to Rs.1,05,960/- with  9% interest from 10.02.2023 + Rs.1,00,000 +Rs.25,000 + interest at the rate of 9% on the  total amount from the date of this order if not paid within one month of the date of this order, till making payment.  The order in IA 350/2023  dated 29.05.2023 is modified  and made absolute to the above extent.

The above amounts  shall  be  paid  jointly  and  severally by the   1^st and 2^nd 

Opposite Parties within one month from the date of this order,  failing which the amount will carry interest at the rate of 9% per annum from the date of this order.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Commission  on this the 13^th  day of July 2023.

Dated of filing:16.05.2023                                                      

                                                                   PRESIDENT        :  Sd/-

                                                                    MEMBER           :  Sd/-

                                                                    MEMBER           :  Sd/- 

APPENDIX.

Witness for the Complainant:

Nil.                      

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1 Series (2 Nos.)          Daily Collection Book  (Photo Copy)              

Exhibits for the Opposite Party:

Nil.       

                                                                                                PRESIDENT:   Sd/-

                                                                                                MEMBER    :   Sd/-

                                                                                                    MEMBER    :   Sd/-