IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Friday the 29^th day of July, 2011

Filed on 14.12.11

Present

1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. Shajitha Beevi (Member)

in

C.C.No.45/11

between

Complainant:-                                             Opposite Party:-

Sri.Prathapan.K.S,                                                 Gentleman Chitty Fund,

S/o Sivaraman Achary,                                           India (P) Ltd., Regd. Office,

Konjethara Veettil,                                     Thalayolaparambu,

Pallippuram, K.R.Puram.P.O.,                                Cherthala Branch.

Cherthala, Alappuzha.                                             (By Adv.K.B.Harshakumar)                                                    

O R D E R

  SRI. K. ANIRUDHAN (MEMBER)

Sri.K.S.Prathapan has filed this complaint before the Forum on 14.02.2011, alleging deficiency in service, on the side of the opposite party.  The brief facts of his allegations are as follows:  He had joined a chit conducted by the opposite party vide No.11/08 for a total sala of Rs.15,000/- (Rupees fifteen thousand only) started on 13.11.2008.  He had purchased the amount through auction conducted on 13.02.2009 and obtained an amount of Rs.11,250/- (Rupees eleven thousand two hundred and fifty only) on 20.03.2009 by engaging his brother Sri.Prakasan as security for the said amount and by entrusting a Cheque vide No.5463162 with the opposite party together with a Promissory Note.  He had closed the A/c on 29.06.2010 by remitting the last installment of the above Chit, and requested the opposite party to release the said cheque leafs and the promissory note to him.  But the opposite party had intimated him that he has to remit a further sum of Rs.550/- (Rupees five hundred and fifty only) towards the costs of the Advocate Notice.  But when he intimated to the opposite party that he had not received any notice from advocate, the opposite party had behaved in rash way.  He had received a notice from the Advocate after a lapse of 18 days from the said incidence, demanding him to pay balance amount for avoiding legal steps from them.  He had not obtained any positive steps from the opposite party, to get the above said documents.  Hence this complaint seeking relief to get the documents and for compensation.

1. Notice was issued to the opposite party.  They entered appearance through counsel by way of filing Vakalath only.  They have not filed any version, even though chances were given for the opposite party to file the version.  There was no response on the side of the opposite party for filing version.  So after considering the long absence of the opposite party and their counsel before the Forum, the opposite party was set exparte by this Forum on 18.06.2011, and proceeded the matter for adjudication.

2. Considering the allegations of the complainant, this Forum has raised the following issues for consideration.

a) Whether there is any deficiency in service and negligence on the side of the opposite party?

b) Whether the complainant is entitled get back the documents retained by the opposite party unnecessarily?

c) Whether the complainant is entitled to get compensation and costs from the opposite party?

Issues 1 to 3

3. Complainant has filed proof affidavit in support of his case and produced documents marked as Ext.A1 to A3.  Ext.A1 is the Pass book issued by the opposite party at the time of joining the said chit.  It shows the details of Chit No.CT11/08, class (E class), date of opening the chit (13.11.2008) and date of closing the chit (13.06.2010) and other details of the complainant.  It further shows the amounts remitted by the complainant from the first installment onwards and up to the 20^th installments and terminated the A/c after the remittance of 20^th installment on 29.06.2010.   The book shows that the last date of termination of the chit is 13.06.2010.  Ext. A2 is the advocate notice dated, 01.07.2010 issued by the opposite party to the complainant.  It shows the date affixed by the postal authorities was on17.07.2010.

4. We have carefully examined the whole matter related to this case and perused the documents.  The complainant had joined the chit conducted by the opposite party for a sum of Rs.15,000/- (Rupees fifteen thousand only).  The periods of the said chit was for 2 years from 13.11.2008 to 13.06.2010.  On a verification of the Ext. A1 Pass book, it can be seen that the complainant has remitted the amount payable to the opposite party promptly from first installment to the 20^th installments without any default and closed the S/c on 29.06.2010.  The complainant had not defaulted the 15^th installment onwards as alleged by the opposite party in the Advocate Notice.  In order to get the chit amount, the complainant had given guarantee for the availed amount of Rs.11,250/- (Rupees eleven thousand two hundred and fifty only) having the sala of Rs.15,000/- (Rupees fifteen thousand only) together with entrusting a cheque leaf vide No.5463162.   After closing the A/c the complainant requested the opposite party to release the documents to him.  But at that time, the opposite party had intimated him that, he has to pay the Advocates fee of RS.550/- (Rupees five hundred and fifty only) when intimated that he has not received any Advocate notice so far, the opposite party had behaved in rush way.  The opposite party has sent a notice subsequently to the complainant by putting a date on 01.07.2010 and the complainant had got the said letter on 17.07.2010, intimating that he was a defaulter from the 15^th installments onwards.  On verification of the entire facts of this case, the whole action of the opposite party was highly illegal arbitrary and unauthorized and there is lack of bonafides in their action.  Even though there was no amount to remit, the opposite party hard harassed the complainant unnecessarily and sent notices in a false way with out any truth basis.  There is no latches on the part of the complainant to remit the installments and he was not a defaulter.  He had remitted the amount within the period ie., on 29.06.2010 (Ext.A1) and that the opposite party is not at all entitled to get any amount from the complainant.  So the opposite party has no right to retain the documents entrusted with the opposite party by the complainant at the time of receiving the said amounts.  It further shows that the actions taken by the opposite party in connection with the said transaction was in the nature of cheating and that there is grossest deficiency in service, culpable negligence and unfair trade practice on the side of the opposite party by way of retaining the documents without any ground and it was purposeful also.  So for this, the opposite party is liable to pay compensation and costs to the complainant.  It further shows that the opposite party has not filed any version stating the reasons involved in this matter, even though they have entered appearance through counsel.  It shows that irresponsible attitude of the opposite party towards this financial matter.  On a detailed study of this case, we are of the strong view that the allegation put forward by the complainant are to be treated as genuine.  So for the ends of justice, the complaint is to be allowed.  All the issues are found in favour of the complainant.

In the result, we hereby direct the opposite party to release the cheque leaf vide No.5463162/- and the Promissory  Note, to the complainant with a certificate to shows that the complainant have remitted the entire amount and closed the A/c in connection with the Chit No.11/2008-E class and that the complainant have no liability or lien or other charges in connection with the said chit No.11/2008-E class.  Considering the facts and circumstances of this case, we further ordered that opposite party shall pay a sum of Rs.10,000/- (Rupees ten thousand only) to the complainant for his mental agony, pain, sufferings, economic loss and harassment of the opposite party due to the purposeful denial of release of the documents to the complainant in time, even though there is no liability to the opposite party, by way of grossest deficiency in service, culpable negligence, cheating and unfair trade practice of the opposite party, further we direct the opposite party to pay a sum of Rs.2,000/- (Rupees two thousand only) to the complainant as costs of this proceedings.  We further direct the opposite party to comply this order within 30 days from the date of receipt of this order.

Complaint allowed.

Pronounced in open Forum on this the 29^th day of July, 2011.

Sd/-Sri. K. Anirudhan

                                                                                                            Sd/-Sri. Jimmy Korah

Sd/-Smt. N. Shajitha Beevi     

Appendix:-

Evidence of the complainant:- 

Ext. A1      -     The Original Pass Book A/c No.CT 11/2008 Class E

Ext. A2      -     The Advocate Notice to K.S.Prathapan dated, 01.07.2010

Ext. A3      -     The Advocate Notice to M.Prakasan dated, 01.07.2010

Evidence of the opposite party:-  Nil

// True Copy //

                                                                                 By Order

                                                                                   Senior Superintendent

To

            Complainant/Opposite Parties/S.F.

Typed by: - P.R/-       

Compared by:-