IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 26th day of February, 2014.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C.No.128/2013 (Filed on 11.10.2013)
Between:
Joseph Ninan,
Panachickal House,
Kumbazha North,
Mylapra P.O. …. Complainant.
And:
- K.T. Baby, Indikkattil House,
Vakayar P.O., Konni,.
- Mariamma Baby,
W/o. K.T. Baby,
Indikkattil House,
Vakayar P.O., Konni. …. Opposite parties.
O R D E R
Smt. K.P. Padmasree (Member):
Complainant approached this forum for getting a relief from the Forum against the opposite parties.
2. The complainant’s case is that the 1st and 2nd opposite parties are the owner and foreman of National Chitty Fund at Head quarters at Konni dealing the business of chitty. The complainant subscribed a chitty with the opposite parties having 70 installments with sala of Rs. 1 Lakh. The monthly installment of said chitty is Rs. 2,500/-. The chitty is No. 4/2005 which was started on 7.10.2005. The complainant had remitted 12 installments till Sep 2006. Opposite parties also issued valid receipt or the remittance. Thereafter the opposite parties arbitrarily closed their chitty business during Sep 2006 without giving notice to the complainant or any other subscriber. On getting this information complainant approached opposite parties for getting the chitty amount paid by him. Opposite parties promised to pay the entire amount within one year. But opposite parties had not complied their promise in spite of the complainant’s request. Finally on 23.09.2006, when the complainant approached opposite parties, the first opposite party given a written undertaking to pay Rs.25,000/- and its interest from 30.09.2006 within one year from the date of the said written undertaking. But even after the expiry of the date noted in the written undertaking, the 1st opposite party is not cared to pay back the assured amount or its interest as per the terms of the written undertaking. The non-payment of the amounts entitled by the complainant by the opposite parties is a clear deficiency in service which caused financial loss and mental agony to the complainant. Hence this complaint for the realization of Rs.2,500/- and its interest at the rate of 12% per annum 30.09.2006 along with compensation of Rs.10,000/- and cost of Rs.5,000/-.
3. In this case opposite parties are exparte.
4. On the basis of the pleadings of the complainant the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this case consists of the proof affidavit of the complainant and Ext-A1 series and A2. After closure of evidence complaint was heard.
6. The Points:- The complainant’s allegation is that he had subscribed a
chitty on 7.10.2005 in Chitty No. 4/2005 run by the opposite parties and he had paid 10 installments of Rs. 2,500/- less veetha palisa. But before completing the said chitty opposite parties closed their chitty business arbitrarily so the complainant approached the opposite parties for getting the chitty amount on serveral occasions and finally on 23.09.2012, the 1st opposite party had given a written undertaking for returning an amount of Rs.25,000/- and its reasonable interest from 30.09.2006 within one year from the date of execution from the undertaking. But the opposite parties had not paid the amount so far in spite of the complainant’s request. The above said act of the opposite parties is a clear deficiency in service to the complainant and opposite parties are liable to the complaint for the same. Therefore the complaint prays for allowing the complaint.
7. In order to prove the case of the complaint, complainant filed a proof affidavit in lieu of his chief examination along with 10 chitty receipts issued by the opposite parties in the name of the complainant and written undertaking executed by the complainant. On the basis of the proof affidavit, chitty receipts are marked as Ext-A1 series (10 receipts) and the written undertaking issued by the opposite parties is marked as Ext-A2.
8. On the basis of the available materials on record it is seen that complainant has paid 10 installments of Rs.2,500/- less veetha palisa in a chitty run by the opposite parties, and 1st OP have give a written undertaking for the payment of Rs.25,000/- and its interest from 30.09.2006 and as per the proof affidavit it is further seen that the OP’s has not returned chitty amount received from the complainant so far. Since opposite parties are exparte, we find no reason to disbelieve the complainant’s allegation against the opposite parties. Therefore the complainant’s case stands proved as unchallenged. Hence we find that opposite parties are liable to the complaint for the nonpayment of chitty amount and therefore this complaint is allowable.
9. In the result this complaint is allowed, thereby the opposite parties are directed to pay Rs.25,000/- (Rupees Twenty five thousand only) with 9% from 30.09.2006 till this day along with cost of Rs.1,000/- (Rupees One thousand only) to the complainant within 10 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount ordered herein above with 10% from today till the realization of the whole amount. No order for compensation, as interest is allowed for the principal amount from 30.09.2006.
10. Declared in the Open Forum on this the 26th day of February, 2014.
(Sd/-)
K.P. Padmasree,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant: Nil
Exhibits marked on the side of the complainant:
A1 : 10 receipts issued by the opposite party to the complainant.
A2 : Written undertaking issued by the opposite party to the
Complainant.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Joseph Ninan, Panachickal House, Kumbazha North, Mylapra P.O.
Pathanamthitta.
(2) K.T. Baby, Indiikkattil House, Vakayar P.O., Konni,.
- Mariamma Baby, Indikkattil House, Vakayar P.O., Konni.
- The Stock File.
