IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE   30^th DAY OF OCTOBER 2021

Present: -    Sri. E.M.Muhammed Ibrahim, B.A, LLM. President

Smt.S.Sandhya   Rani. Bsc, LLB ,Member

Sri.Stanly Harold, B.A.LLB, Member

    CC.No.39/2019

Omana Joseph, aged, 66 years,

W/o Joseph Antony, Hoe Bhavan,

Vettipuram, Pathanamthitta(P.O.),

Pathanamthitta 689 645.

(Adv.Chathannoor N.Jayachandran)                                          :          Complainant           

V/S

1. Japakumar, S/o Selvan,

        Branch Manager, SGS Agra Farms Ltd.,

       2^nd Floor, Radhakrishna Buildings, Kollam                              :          Opposite parties

2. Rajkumar,

         Managing Director,

         SGS Agro Farms Ltd., No.294,

        Purasawakkam High Road, Kellys,

        Chennai-600010.

3. Dr.S.G.Sekhar, Chairman,

               SGS Agro Farms Ltd., No.294,

               Purasawakkam High Road, Kellys,

        Chennai-600010.

ORDER

Sri.Stanly Harold, B.A.LLB, Member

          This is a case based on a complaint filed U/s 12 of the Consumer Protection Act 1986.

          The averments in the complaint in short are as follows:-

          The agent of the opposite parties approached the complainant and appraised about the various plans of the business of the opposite parties.  The complainant was made to believe that if he opts plan “20 & 63m”, she has to pay Rs.500/- per month for a period of 63 months.  After the completion of the payment she is entitled to get a plot having an area of 1500 sq. feet or its value Rs.45,000/- .  If the customer is unable to complete the monthly payment the opposite parties will return the amount paid and its benefit at the request of  the customer.  As per the direction of the opposite parties the complainant choose the said plan and the opposite parties had given the registration letter No.0098579 dated 28.10.2011 and the customer Plot registration No. 0131106533.  According to the said plan the complainant had to pay Rs.500/- per month till 28.01.2017 which is the expiry date of the agreement.  According to the complainant she had paid the entire amount as per the agreement.  Thereafter the complainant requested the opposite parties to pay Rs.45,000/-.  But the opposite parties evaded from paying the amount.  According to the complainant many customers had joined the plans of opposite parties and they were also betrayed by the opposite parties.  The complainant had made many requests before the opposite parties and at last she was directed by the opposite parties to approach the Head Office of the opposite parties at Chennai.  But no relief was given to the complainant.  Hence the complaint.

          Though the notice issued to the opposite parties No.1 to 3 they remain absent.  Hence they were set exparte and posted the case for recording exparte evidence.    But the complainant failed to appear and file any proof affidavit.  However the documents filed along with the complaint has been got marked Ext.P1 to P3.

          Ext.P1 is the photocopy of the Registration certificate No. 0098579 dated 28.10.2011 .  Ext.P2 is the photocopy plan Brochure issued by the opposite party SGS Agro Farm Ltd. Ext.P3 is the photocopy of the visiting card of opposite party No.3.  All the above 3 documents are unattested documents.  Neither the complainant nor the counsel has certified those documents as true copy.    Therefore Ext.P1 to P3 cannot be relied upon.  Hence there is absolutely no material not even proof affidavit to substantiate the allegations in the complaint.  Therefore we are inclined to hold that the complainant has not substantiated her case by adducing any reliable materials.  Therefore the complainant is not entitled to get any of the reliefs sought for.

          In the result complaint stands dismissed.

          No costs.

Dictated to the Confidential Assistant  Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the  Open Commission this the 30^th  day of  October 2021.

STANLY HAROLD:Sd/-

  E.M .MUHAMMED IBRAHIM:Sd/-

        S.SANDHYA   RANi:Sd/-

                                                                                                                 Forwarded/by Order

                                                                                                                 Senior superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.P1             :  Photocopy of the Registration certificate No. 0098579 dated 28.10.2011 . 

Ext.P2             : Photocopy plan Brochure issued by the opposite party SGS Agro Farm Ltd.

Ext.P3            :  Photocopy of the visiting card

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil