By. Sri. A. S. Subhagan, Member:-

            This is a complaint filed under section 35 of the Consumer Protection Act 2019.

            2.  Facts of the case in brief as stated by the Complainant:-  The Complainant had joined in a chitty with a sala of Rs.1,00,000/- in the Opposite Party, Sulthan Bathery Branch.  It was proposed to remit Rs.4,000/- each in 100 weekly installments  and should have been completed in 25 months.  This amount was stipulated to be remitted @ Rs.150/- on daily basis.  According to this terms, the Complainant had remitted Rs.69,000/- from 12.12.2020 to 22.02.2023, totaling 27 monthly installments.  A dividend of Rs.5,200/- adding to this amount comes to Rs.74,200/-.  It is stated by the Complainant that the pass book showing 12.12.2020 to 04.04.2022 was taken under custody of the Opposite Party.  However, the pass book recordings from 05.04.2022 to 28.02.2023 have been produced by the Complainant. The Complainant was used to remit the installments without dues and the last installment was remitted on 28.02.2023.  Afterwards, the Sulthan Bathery Branch of Opposite Party was closed and the collection agent was hesitant to collect further installments and hence the Complainant could not remit the further installments and as such, the Complainant had approached the Opposite Party in the Month of March 2023, for which the Opposite Party had agreed to return the amount within 2 months.  As per the statement of the Complainant, he is entitled to get Rs.74,200/- including dividend.  But, though the Complainant had waited to get the amount, the Opposite Party has not returned the amount till date.  This act of the Opposite Party is deficiency in service resulting in financial loss and mental agony to the Complainant for which he has approached the Commission with the following prayers.

1. To direct the Opposite Party to pay Rs.74,200/- together with interest @ 12% with effect from 28.02.2023
2. To direct the Opposite Party to pay compensation of Rs.10,000/- and the cost of this complaint.

3.  Notice was served upon the Opposite Party but though he had represented, he was continuously absent and did not represent afterwards.  Hence he was set ex-parte.

4.  Chief affidavit was filed by the Complainant and Ext.A1 was marked from his side.  The Complainant was examined as PW1.  In cross-examination the Complainant reiterated all the statements included in the complaint.  Ext.A1 shows, which is a copy of passbook issued by the Opposite Party, altogether an amount of Rs.39,300/- has been submitted by the Complainant.  The Complainant has not produced any other documents or evidence to substantiate his other contentions as narrated in the complaint and the affidavit.  There are no documents to show that he has remitted any other amount in the above chitty.  There is no document to prove that there was a provision for dividend.  So the total amount, as per the available records, remitted by the Complainant to the Opposite Party comes only to Rs.39,300/-.

5.  After accepting installments to the chitty and not returning the amount inspite of the demand made by the Complainant, amounts to deficiency in service.  So here there has been deficiency in service from the part of the Opposite Party, for which the Opposite Party is liable to compensate.

In the result, the complaint is partly allowed and the Opposite Party is directed

1.  To pay Rs.39,300/- (Rupees Thirty Nine Thousand and Three Hundred Only) together with interest @ 9% per annum from the date of this complaint
2. To pay Rs.10,000/- (Rupees Ten Thousand Only) towards compensation for deficiency in service and
3. To pay Rs.5,000/-  (Rupees Five Thousand Only) towards cost of this complaint.

The above amounts shall be paid by the Opposite Party to the Complainant within one month from the date of this Order, failing which the amount will carry interest @ 9% per annum till realization.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 22^nd day of August 2024.

Date of Filing:-24.08.2023.

PRESIDENT   : Sd/-

MEMBER       : Sd/-

MEMBER       : Sd/-

APPENDIX

Witness for the Complainant:-

PW1.              Sreedharan.                                     Agriculture.

Witness for the Opposite Party:-

                        Nil.

Exhibits for the Complainant:-

A1.                  Copy of Passbook.

Exhibits for the Opposite Party:-

                        Nil.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

/True Copy/

Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-