SMT. MOLYKUTTY MATHEW : MEMBER

            This is a complaint filed by the complainant U/S 35 of Consumer Protection Act 2019 for an order directing the opposite parties to disburse the chitty amount of Rs.3,00,000/- with interest @12% per annum from 19/01/2023 till the date of realization and another chitty amount of Rs.2,25,000 with interest at 12% per annum from 02/03/2023 till the date of realization along with Rs.1,00,000/- as compensation for mental agony caused to the complainant and  Rs.10,000/- as cost of litigation for the deficiency of service and unfair trade practice on the part of opposite parties.

The brief of the complaint

                 The complainant is a subscriber of chitty No.DNT for the Sala Value of Rs.3,00,000/- under the OPs.  The chitty No.DNT was commenced on 30/11/2021.  The duration of the chitty was 60 months and monthly installment of Rs.5,000/-.  The complainant had paid 60 installments for a total amount with dividend Rs.3,00,000/-.  The complainant also subscribed another chitty No. DNT commenced on 24/05/2022 for a monthly installment of Rs.5,000/- and duration of the chitty was 60 months.  The complainant had paid 45 installments for a total amount with dividend Rs.2,25,000/-.  There after the complainant approached the OPs’ office at Thalassery, but the office was seen closed.  The intention of the OPs to close the chit funds with the intention to cheat the complainant and other chitty holders.  Then the complainant filed a complaint before Thalassery police station and registered a crime No.621/2023.  Then the compliant send a registered lawyer notice dated 01/01/2024 to all OPs.  After receiving the notice, the OPs are not turned up and not refund the amount also.  The act of OPs the complainant caused much mental agony and financial loss. So there is deficiency of service and unfair trade practice on the part of OPs.  Hence the complaint.

                 After filing this complaint notice issued to all OPs.   All OPs received the notice and not appeared before the commission and not filed their version.  Then the commission had to hold that the OPs have no version as such this case came to be proceed against the OPs are set ex-parte.

               Even though the OPs have remained ex-parte it is for the complainant to establish the allegations made by him against the OPs.  Hence the complainant was called up on to produce evidence in the form of affidavit and documents.  Accordingly the complainant has chosen to produce his affidavit along with 7 documents marking them as Ext.A1 to A7.  The complainant was examined as Pw1.  So the OPs remain absent in this case.  At the end the commission heard the case on merit.

              Let us have a clear glance at the relevant documents.  Ext.A1 is the certified copy of daily collection book dated 30/11/2021. Ext.A2 is the certified copy of daily collection book dated 24/05/2022.  Ext.A3 is the certified copy FIR in crime No.621/23 of Thalassery Police station. Ext.A4 is the copy of lawyer notice dated 01/01/2024.  Ext.A5 is the returned lawyer notice addressed to OP No.1.  Ext.A6 is the returned lawyer notice addressed to OP No.2 and Ext. A7 is acknowledgment card of OP No.3.  So after receiving the notice, the OPs are not ready to refund the amount to complainant.  According to the complainant the OPs are directly bound to redressal the grievance caused to the complainant.  Therefore we hold that OPs 1 to 3 are jointly and severally liable to refund Rs.5,25,000/-(Rs.3,00,000+Rs.2,25,000) to the complainant along with Rs.75,000/- as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost.

                 In the result the complaint is allowed in part directing the opposite parties 1 to 3 are jointly and severally liable to refund Rs.5,25,000/-(Rs.3,00,000+Rs.2,25,000) to the complainant along with Rs.75,000/- as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost within 30 days of receipt of this order.  In default the amount of Rs. 5,25,000/- carries 12% interest per annum from the date of order till realization. Failing which, the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019. 

Exhibits for complainant

        A1 - Certified copy of daily collection book dated 30/11/2021.

        A2 - Certified copy of daily collection book dated 24/05/2022.

        A3 - Certified copy FIR in crime No.621/23 of Thalassery Police station.

        A4 - Copy of lawyer notice dated 01/01/2024.

        A5 - Returned lawyer notice addressed to OP No.1. 

        A6 - Returned lawyer notice addressed to OP No.2

       A7 - Acknowledgment card of OP No.3.

       Pw1-Chandran M- Complainant

         Sd/                                                                             Sd/                                                          Sd/

PRESIDENT                                                                   MEMBER                                              MEMBER

Ravi Susha                                                                 Molykutty Mathew                                   Sajeesh K.P

 (mnp)

                                            /Forward by order/

                                             Assistant Registrar