By. Smt. Renimol Mathew, Member:-
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite parties to return the subscription paid by the complainant towards the chitty conducted by opposite parties with cost and compensation.
2. Brief of the complaint:- The complainant joined in a chitty of sala Rs.1,00,000/- vide Group No. BDG-5, Ticket No.4 conducted by opposite parties. Opposite party No.1 is the Managing Director and Opposite party No.2 is the General Manager of the chitty company. Altogether complainant had paid an amount of Rs.55,600/- towards subscription up to 10th April 2013. But after 10.04.2013 opposite parties not approached this complainant for monthly subscription collection. Thereafter complainant approached opposite parties office, it is found closed. Complainant is a coolie worker, some how is managed to pay the monthly installments. According to the complainant this act of opposite parties is deficiency of service, hence filed this complaint to get back the paid amount with interest, cost and compensation.
3. On being served, opposite parties appeared and filed version. In the version, opposite party No.1 denied the allegations in the complaint stating that he had not conducted any chitty business in his personal capacity and he had not collected any amount from this complainant. He has not given any receipt towards the payment. Opposite party No.2 also denied all these allegations stating that he is only an employee under opposite party No.1. He is the Manager of this chitty office and he had not collected any amount from the subscriber. Hence there is no cause of action against this opposite party and prays for the dismissal of the complaint.
4. On considering the complaint, versions and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
5. Point No.1:- Complainant filed affidavit and examined as PW1. Ext.A1 series documents were marked. Opposite parties not adduced oral evidence. Complainant produced bills are of DVM chitts. This company is not arrayed as a party in this case. However, as per the produced bills an amount of Rs.39,750/- is found collected in favour of DVM chits. As per the complaint, opposite party No.1 is the Managing Director of DVM Chits and opposite party No.2 is the General Manager. Being the Managing Director and General Manager, these opposite parties are responsible for the amount collected towards the chitty business. Hence we are in the opinion that the non return of the chitty amount is deficiency of service from the part of opposite parties. The Point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found in favour of complainant, the complainant is entitled to get back the amount collected by opposite parties with cost and compensation. The Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party No.1 is directed to return Rs.39,750/- (Rupees Thirty Nine Thousand Seven Hundred and Fifty) only collected from the complainant with 10% interest from the date of this complaint till payment. Opposite party No.2 is directed to pay Rs.3,000/- (Rupees Three Thousand) only as cost and compensation. This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 17th day of April 2015.
Date of Filing: 13.08.2013. PRESIDENT :Sd/- MEMBER :Sd/- MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Mohanan. T. K. Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1(Series). Receipts (217 Nos).
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
