DATE OF FILING : 18/07/17
IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 30th day of May 2018
Present :
SRI. S. GOPAKUMAR PRESIDENT
SRI. BENNY. K. MEMBER
CC NO. 153/17
Between
Complainant : E.J.Joy, S/o Joseph,
Ettackattu House,
Chitrapuram P.O., Idukki.
(By Adv: Lissy M.M)
And
Opposite Party :1 . Asby Mathew, S/o Mathew Scaria,
Paloor Puthenveedu House,
Puthupalli P.O.,
Kottayam
2 . Bino I. Tom, Advocate,
Legal Advisor,
Allience Financial Co-Operation,
Igloo Tower West Temple Road,
Kottayam P.O. - 686 001
O R D E R
SRI. S. GOPAKUMAR (PRESIDENT)
The case of the complainant is that,
Complainant had entered a chit transaction with the opposite parties 1 and 2 and prized a chit for a sale of Rs.1 Lakh in his favour and the first opposite party issued an amount of Rs.75,000/- as chit prize money. Complainant remitted almost all the chit instalment except last 5 instalments and for recovering the chit dues, the opposite party filed a civil case against the complainant before the Munsif Court, Kottayam as OS 76/17 and obtained an order of attachment of the landed properties of the complainant. On getting information of the case complainant approached the legal adviser of the opposite party and settled the matter by paying an amount of Rs.33,100/- and the legal adviser of the opposite party issued a receipt for that effect. Thereafter also opposite party had not withdrawn the suit from the Munsif Court and demanded much more amount as chit due. Against this the
(Cont.....2)
-2-
complainant approached this Forum and filed this complaint for directing the opposite parties to withdrawn the pending Civil Suit, and to return the document to the complainant along with cost and compensation.
Opposite parties filed written version along with petition for challenging maintainability of the complainant due to the reason that all these transaction of this complaint are occurred within the jurisdiction of Kottayam district, and more over the matter in issue is same subject matter and which is pending before a court of law.
Heard both sides in details.
The Point:- On going through the pleading of the complainant the Forum is of a considered view that the subject matter of this petition is under consideration before the competent court, and the complainant is having all the right to raise the contention before that court directly or through a counsel. Without availing such a right he approached this Forum. This Forum is having no right to issue any direction in a pending suits and more over it is seen that this Forum is having no jurisdiction to entertain this petition herein, since the matter is subjudice. Hence petition challenging the maintainability of this complaint allowed. Complaint dismissed.
Pronounced in the Open Forum on this the 30th day of May, 2018.
SRI. S. GOPAKUMAR (PRESIDENT)
SRI. BENNY. K. (MEMBER)
APPENDIX
Nil
Forwarded by Order,
SENIOR SUPERINTENDENT
