IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM

DATED THIS THE   20^th DAY OF MARCH 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.37/2019

V.Ramachandran Nair,

age 65 years,S/o K.Vasupilla (Late),

Pournami, Neeleswaram P.O.,                                             :                    Complainant

Neduvathoor, Kottarakkara

Kollam, Kerala.

(By Adv.Chathannoor N.Jayachandran)

V/s

1. Japakumar, S/o Selvan,

          Branch Manager, SGS Agro Farms Ltd.,

         2^nd Floor, Radhakrishna Buildings, Kollam.

2. Rajkumar, Managing Director,

           SGS Agro Farms Ltd.No.294,                                             :               Opposite parties

        Purasawakkam High Road, Kellys,

         Chennai 600010.

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

          SGS Agro Farms Ltd.4.2^nd Cross Street,

           Sylvon Lodge Colony,

           Kellys, Chennai 600010.

FINAL 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 “18 & 93m”, he has to pay R.1,00,000/- onetime payment for a period of 93 months.  After the period of 93 months he is entitled to get a plot having an area of 8000 sq.feet or its value Rs.2,60,000/- .  If the customer is unable to complete the monthly payment or wait till the expiry of 93 months 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 choosen the said plan and the opposite parties had given the registration letter No.A0085910 dated 29.04.2011 and the customer Plot registration No. 0131102477.  As per the said plan the complainant had to pay Rs.1,00,000/- as a onetime payment and wait for a period of 93 months.  According to the complainant he paid

onetime payment of Rs.1,00,000/- as per the agreement.  After the expiry of the 93 months the complainant requested the opposite parties to return Rs.2,60,000/-.  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.  Accordingly he went to Chennai on several occasions.  But no relief was given to the complainant.  Hence the complaint.

          Though the notice issued to the opposite parties were served they had neither appeared before the Forum nor filed any version.  Hence the opposite parties were set exparte. 

          The complainant filed affidavit by reiterating the averments in the complaint and got marked Ext.P1 to P3 documents.

          Ext.P1 is the Registration certificate No.A0085910 dated 29.04.2011.  Ext.P2 is the plan Brochure issued by the opposite party SGS Agro Farm Ltd. Ext.P3 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.P1to P3 documents would show that the agent of the opposite party made the complainant to believe that if Rs.1,00,000/- is deposited by the complainant and wait for a period  93 months, the opposite party would provide 8000 sq.feet area of land or its retail price Rs.2,60,000/- 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. 18 & 93m and the opposite parties issued, Ext.P1 Registration certificate and he paid the onetime payment of Rs 1,00,000/- and waited for 93 months continuously from 29.04.2011 till 29.01.2019.  After the expiry of 93 months the complainant demanded the amount 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 1^st opposite party continuously they informed the complainant to contact with the Head office at Chennai.  Accordingly the complainant contacted the 2^nd and 3^rd opposite parties Head office Chennai.  But they have not given any relief.  The unchallenged averment in the affidavit coupled with Ext.P1 to P3 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.P1 document.  Therefore the complaint is only to be allowed.

          In the result complaint stands allowed directing the opposite parties to pay Rs.2,60,000/- with interest at the rate of 9 % per annum from the date of complaint 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   20^th day of  March 2020.

                                                            E.M .MUHAMMED IBRAHIM:Sd/-

                                                                                    S.SANDHYA  RANI:Sd/-

                                                                                                                                                                                 STANLY HAROLD:Sd/-

                                                                                      Forwarded/by Order

                                                                                 Senior Superintendent

INDEX

Witnesses Examined for the Complainants:- Nil

Documents marked for the complainant

Ext.P1:- Registration certificate

Ext.P2:- Plan Brochure

Ext.P3:- Visiting card           

Witness examined for the opposite party:-Nil

Documents marked for the opposite party:-Nil

                                                                E.M.Muhammed Ibrahim:Sd/-

                                                                 S.Sandhya Rani:Sd/-

                                                                             Stanly Harold:Sd/-

                                                                             Forwarded/by Order

                                                                            Senior Superintendent