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.94,000/- with interest @12% per annum  from 11/4/2023 till the date of realization  to the complainant along with Rs.20,000/- 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.DSD for the sala value of Rs.2,00,000/- under the Dhanakodi Chits(Pvt) Ltd run by the OPs.  The chitty No.DSD was commenced on 21/3/2022.  The duration of the chitty  was 100 months and monthly instalment of Rs.2000/-.  The complainant had paid 47 instalments for a total  amount  with dividend  Rs.94,000/-.  Thereafter the complainant approached the OP’s office at Thalassery, but the office was seen closed.    The intention of  the 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 SHO Thalassery and  the Thalassery police registered a crime No.865/23 U/S 406,420 r/w 34 IPC. Thereafter on 29/9/2023 the complainant send a registered lawyer notice to OPs calling them to repay the amount of Rs.94,000/- with 12% interest per annum to the complainant.  Then the OPs received the notice  and one Shanti Philiph send reply to the complainant.  But the OPs are not  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 OPs are not  appeared before the commission and not filed their 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 8 documents marked as Exts.A1 to A8 .  The complainant was examined as PW1.   So the OPs remained 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 21/3/2022 the 1^st  OP  issued the  pass book of chitty to the complainant and marked as Ext.A1.  As per Ext.A1 the date of commencement  is on 21/3/2022 and sala Rs.2,00,000/-.  Ext.A2 is the copy of FIR in crime No.865/2023 of Thalassery police station Ext.A3 is the copy of lawyer notice dtd.29/9/23.  Exts.A4 &A5 are the  unserved notice of OPs1&2. Ext.A6& A7 are the acknowledgment card of OPs 4&3.  Ext.A8 is the  reply notice  send by Advocate Joseph  Zacharia to one Shanti Philip.  The complainant had paid 47 instalments to  making a  total amount with  dividend Rs.94,000/-.  Then the complainant approached the OP’s office for payment of  chitty instalments, but the OP’s office closed with the dishonest intention to cheat the complainant.  According to the complainant  the OPs failed to  refund the paid amount with dividend as Rs.94,000/-.  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.94,000 to the complainant along with Rs.5000/- as compensation for mental agony caused to the complainant  and Rs.3000/- as litigation cost .

            In the result, the complaint is allowed in part directing  the opposite parties 1 to 4  are jointly and severally  liable  to refund  Rs.94,000/- to the complainant along with Rs.5,000/- as compensation for mental agony caused to the complainant  and Rs.3000/- as litigation cost within 30 days of receipt of this order.  In default the amount of Rs.94,000/- 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- Certified  copy of daily collection book dt.21/3/22

A2-Certified copy of FIR

 A3-Copy of lawyer notice

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

A6&A7- Acknowledgment card of OPs 4&3

A8- reply notice send by Adv.Joseph Zacharia.

PW1-Preman -  complainant.

Sd/                                                         Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR