IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 30th DAY OF JANUARY 2020
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.38/2019
Suresh Kumar, aged 55 years,
S/o Ramachandra Pai,
Lekshmi Narayan,Jawaha Nager-90
Thirumullavaram P.O., : Complainant
Kollam, Kerala , Pin 691012.
(By Adv.N.Jayachandran)
V/S
- Japakumar, S/o Selvan,
Branch Manager, SGS Agro Farms Ltd.,
2nd Floor,Radhakrishna Buildings,
Kollam.
- Raj kumar,
Managing Director, SGS Agro Farms
Ltd No.294, : Opposite parties
Purasawakkam High Road,Kellys, Chennai 600010.
- Dr.S.G.Sekhar, Chairman,
SGS Agro Farms Ltd.,
4.2nd Cross Street, Sylvon Lodge Colony,
Kellys, Chennai 600010
FAIR 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”, he has to pay R.1000/- per month for a period of 63 months. After the completion of the payment he is entitled to get a plot having an area of 3000 sq.feet or its value Rs.90,000/- . If the customer is unable to complete the monthly payment the opposite parties will return the paid amount 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.A0143870 dated 30.04.2012 and the customer Plot registration No. 0131210103. According to the said plan the complainant had to pay Rs.1000/- per month till 30.07.2017 which is the expiry date of the agreement. According to the
complainant he had paid the entire amount as per the agreement. Thereafter the complainant requested the opposite parties to pay Rs.90,000/-. But the opposite parties evaded from paying the amount. It is reliably learnt by the complainant that 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 he 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.
In response of the notice issued to the opposite parties they had neither appeared before the Forum nor filed any version. Hence the opposite parties set exparte.
The complainant filed affidavit by reiterating the averments in the complaint and got marked Ext.A1 to A3 documents.
Ext.A1 is the Registration certificate No.A0143870 dated 30.04.2012. Ext.A2 is the plan Brochure issued by the opposite party SGS Agro Farm Ltd. Ext.A3 is the visiting card of opposite party No.3.
Heard the counsel for the complainant and perused records.
The unchallenged averments in the affidavit coupled with Ext.A1to A3 documents would establish that the agent of the opposite party made the complainant to believe that if Rs.1000/- per month is deposited by the complainant for 63 months, the opposite party would provide 3000 sq.feet area of land or its retail price Rs.90,000/- and if the payment of the installment has been defaulted by the complainant the amount paid till that date will returned. According to the complainant he joined the plan bearing No.20 & 63 m and the opposite parties issued, Ext.A1 Registration certificate and he paid Rs.1,000/- per month for the 90 months continuously from 30.04.2012 till 30.07.2017. After paying the entire amount the complainant demanded Rs.90,000/- as agreed. The opposite parties have not paid the same.
The complainant has further sworn that several persons have joined the plan of the opposite parties and they were also cheated by the opposite parties without paying the amount on maturity. Though the complainant has contacted the 1st opposite party continuously they informed the complainant to contact with the Head office at Chennai. Accordingly the complainant contacted the 2nd and 3rd opposite parties Head office
Chennai. But they have not given any relief. The unchallenged averment in the affidavit coupled with Ext.A1 to A3 documents would establish the case of the complainant.
It is clear from the available materials that the complainant would came with the definition of the consumer and there is clear deficiency in service and unfair trade practice on the side of the opposite party since the opposite parties had violated the terms and conditions in Ext.A1 document. Therefore the complaint is only to be allowed.
In the result complaint stands allowed directing the opposite parties to pay Rs.90,000/- with interest at the rate of 9 % per annum from 30.07.2017 till realization. The opposite parties are also directed to pay Rs.25,000/- as compensation and Rs.5,000/- as costs of the proceedings.
The opposite parties are directed to comply with the above direction within 45 days from the date of receipt of a copy of this order failing which the complainant is entitled to recover the same along with the interest at the rate of 12 % per annum for the entire amount except cost from opposite parties No. 1 to 3 jointly and severally and from their assets.
Dictated to the Confidential Assistant Smt.Minimol S. transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 30th day of January 2020.
E.M .MUHAMMED IBRAHIM:Sd/-
S.SANDHYA RANI:Sd/-
STANLY HAROLD:Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Witnesses Examined for the Complainant:- Nil
Documents marked for the complainant
Ext.A1:-Registration certificate
Ext.A2:- Plan Brochure
Ext.A3:- Visiting card
Witness examined for the opposite party:-Nil
Documents marked for the opposite party:-Nil
