By. Smt. Bindu. R, President:

            This complaint is filed by Jose. P. K, S/o. Kuriakose, Ponpaarayil House, Arinchormala Post, Panamaram Village, Mananthavady Taluk, Wayanad against Dhanakodi Chits Private Limited as Opposite Party alleging deficiency of service and unfair trade practice from the side of Opposite Party.

2.  The Complainant states that the Complainant joined chitty D7 on 08/03/2018 with Rs.1,00,000/- as the total amount of chitty with the Opposite Party and paid Rs.24,255/- till 08/03/2019.  Thereafter the chitty was hanged up since the collection agent had not approached the Complainant for collection.  The Complainant states that when he approached the Opposite Party for releasing the paid amount after deducting the commission, the Opposite Party informed that the amount will be released only after completing the terms of the chitty.  Hence the Complainant waited till 08.06.2021 the date of completion of the term of the chitty.

3.  Even though the Complainant approached the Opposite Party as directed by the Opposite Party they had delayed the payment somehow or other and during March 2023, the Opposite Party issued a cheque dated 08/03/2023 for Rs.18,445/- of Federal Bank, Sulthan bathery Branch, wherein the Opposite Party is maintaining their account.  But the said cheque was dishonoured on 22.03.2023 due to the reason of insufficient fund, when the Complainant tried to encash the same through his bank.  The said fact was informed to the Opposite Party but the amount is not refunded till now.  Police complaint is also registered against the Opposite Parties.  Hence the complaint praying for a direction to the Opposite Party to pay Rs.18,445/- with interest from 08/03/2023 and for other reliefs.

4.  Upon notice the Opposite Party entered into appearance but not filed version within the stipulated period and hence set ex-parte on 01/12/2023.  Thereafter the Opposite Parties filed their version along with a petition to set aside ex-parte order which was also dismissed.

5.  Evidence in this case consists of the Chief affidavit of the Complainant and Ext.A1 to A3 from the side of the Complainant.  Ext.A1 is the Copy of Pass book of the chitty No.D7 in the name of the Complainant which shows that a total amount of Rs.25,755/- is collected from the Complainant towards chitty.  Ext.A2 is the original cheque dated 08/03/2023 of Federal Bank, Sulthan Bathery Branch bearing No.206353 issued by the Opposite Party to the Complainant.  Ext.A3 is the dishonour memo dated 22/03/2023 which shows the reason “funds insufficient”.

6.  Heard the Complainant and perused the records in detail.  The Opposite Party had not turned up to argue the matter.

7.  The following are the points to be considered in this case to derive into an inference of the fact.

1. Whether the Complainant had sustained to any deficiency of service or unfair trade practice from the side of the Opposite Party?
2. If so, the quantum of compensation and costs for which the Complainant is entitled to get.

8.  In this case the specific case of the Complainant is that even though he had remitted a total amount of Rs.24,255/- towards the chitty account of the Complainant, the Opposite Party had given cheque for Rs.18,445/- dated 08/03/2023 which was dishonoured due to insufficient funds.  The Complainant had produced documents to prove his case and filed proof affidavit.  Ext.A2 is the original cheque given by Opposite Party and Ext.A3 is the dishonour memo.  Ext.A2 proves that Opposite Party is admitting the transaction and is duty bound to pay back the amount.

9.  In these circumstances, the Commission finds that Point No.1 is proved by the Complainant in his favour.  Since Point No.1 is proved, the following orders are passed:-

1. The Opposite Party is directed to pay an amount of Rs.18,445/- (Rupees Eighteen Thousand Four Hundred and Forty Five Only)with 6% interest from the date of cheque viz 08/03/2024 till the date of payment.
2. The Opposite Party is liable to pay an amount of Rs.10,000/- (Rupees Ten Thousand Only) towards compensation to the Complainant.
3. The Opposite Party is also liable to pay an amount of Rs.5,000/- (Rupees Five Thousand Only) towards cost of the proceedings.

Needless to say that the said order is to be complied with within 30 days of receipt of the copy of the Order otherwise the Opposite Party shall pay interest @ 9% to the amount from the date of complaint till realisation except for the amount awarded as costs.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 10^th day of July 2024.

Date of Filing:-10.07.2023.

PRESIDENT   : Sd/-

MEMBER       : Sd/-

MEMBER       : Sd/-

APPENDIX.

Witness for the Complainant:-

PW1.              Jose. P. K.                                                     Agriculture.

Witness for the Opposite Party:-

                        Nil.

Exhibits for the Complainant:-

A1.                  Copy of Daily Collection Book of Dhanakodi Chits.

A2.                  Cheque.                                                                                Dt:08.03.2023.

A3.                  Memorandum of Cheques unpaid.

Exhibits for the Opposite Party:-

Nil.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

/True Copy/

Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-