SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OPs to disburse the chitty amount of Rs.4,75,000/- with interest @12% per annum  from 11/4/2023 till the date of realization to the complainant along withRs.1,00,000/- as compensation for  mental agony caused to the complainant and Rs.5000/- as litigation  cost for   the deficiency of service and  unfair trade practice on the part of OPs.

  The brief of the complaint :

    The complainant  is a subscriber of chitty No.DTA and chital No.20  for the sala value of Rs.5,00,000/- under the Dhanakodi Chits(Pvt) Ltd run by the OPs.  The chitty No.DTA and chital No.20 was commenced on 14/8/2019.  The duration of the chitty  was 40 months and monthly instalment of Rs.12500/-.  The complainant had paid 38 instalment  for a  total amount with dividend Rs.4,75,000/-.  Thereafter the complainant approached the OP’s office at Thalassery but the office was seen closed.  The intention of OP’s to closed the chit funds with the dishonest intention to cheat the complainant and other chitty holders.  Then the complainant filed a complaint  before the SHO Thalassery  and the Thalassery police registered crime No.626/2023 U/S 406,420 IPC R/W 34 registered  against the OPs and now the investigation  is going on.  Thereafter on 1/1/2024 the complainant send a registered lawyer notice to OPs calling them to repay the amount of  Rs.4,75,000/- with 12% interest to the complainant. Then the OPs received the notice neither send a reply nor paid the amount to the complainant.   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 OP’s.  Hence the complaint.

           After filing this complaint, notice  issued to all OPs . After receiving the notice the OP’s not appeared before the commission and not filed  version . The commission had to hold that the OPs have no version as such  this case came to be proceed against  the OPs are  set  exparte. 

    Even though the OP’s have remained ex-parte it is for the complainant to establish the allegations made by him against the OPs.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant  has chosen to produce his affidavit along with 6 documents marking them as Exts.A1 to A6 .  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. On 14/8/2019 the 1^st  OP  issued the copy of the pass book of chitty to the complainant and marked as Ext.A1.  As per this exhibits the date of commencement  noted as 14/8/2019 and sala Rs.5,00,000/-.  In Ext.A2 is the copy of FIR in crime No.626/2023 of Thalassery police station dtd.12/5/2023.  Ext.A3 is the copy of lawyer notice issued by the complainant to OPs.  Exts.A4 & A5 are the  unserved notice of  OPs 1&2.  Ext.A6 is the acknowledgment card of 3^rd OP. The complainant had paid 38 instalments  to making a total amount with dividend Rs.4,75,000/-.  Then the complainant approached the OP’s office for payment of  chitty instalments but  the office was closed with the dishonest intention to cheat  the complainant.  According to the complainant failure to refund the paid amount with  dividend as Rs.4,75,000/- .  So the OPs are directly  bound to redress the grievance caused to the complainant.  Therefore we hold that the OPs are jointly and severally liable to  refund  Rs. 4,75,000/- to the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant  and Rs.5000/- 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. 4,75,000/- to the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant  and Rs.5000/- as litigation cost within 30 days of receipt of this order.  In default the amount of Rs. 4,75,000/- 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

Exts:

A1- Copy of passbook issued by OP dtd.14/8/2019

A2-FIR

 A3-Copy of lawyer notice

A4&A5- unserved lawyer notice of OPs 1&2

A6- Acknowledgment card of 3^rd OP

PW1-Divya-  complainant.

Sd/                                                          Sd/                                                      Sd/

PRESIDENT                                       MEMBER                                            MEMBER

Ravi Susha                                       Molykutty Mathew                               Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR