IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 30th day of November, 2016
Filed on 31.01.2013
Present
1.Smt. Elizabeth George (President)
2.Sri. Antony Xavier (Member)
3.Smt.Jasmine.D. (Member)
in
C.C.No.55/2013
between
Complainant:- Opposite Parties:-
Sri. K.P. Rajeev 1. K.S.F.E. represented by its
Kiliyath House Managing Director, Bhadratha
Paravoor, Punnapra Museum Road, P.B. No.510
(By Adv. M.P. Manojkumar) Chempukkavu, Thrissur – 20
2. The Manager, K.S.F.E.
Thekkekkara Branch, Monkombu
(By Adv. Hemalatha. R.)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant was a subscriber of chitty No.5/2002 conducted by the opposite party. In the year 2004 complainant auctioned the chitty. In order to avail the chitty amount, complainant used his own employment certificate along with that of two sureties. Complainant remitted the full amount and after 3 years complainant got a recovery notice from the opposite party. Opposite party has no right to send such a notice. Complainant has not yet received interest for the amount detained by the opposite party. Alleging deficiency in service on the part of the opposite parties, the complaint is filed claiming compensation and other reliefs from the opposite party.
2. The version of the opposite parties is as follows:-
The complainant was a defaulter subscriber in chitty No.5/2002 conducted by the opposite party. There was no default made by the complainant up to 21st installment in chitty No.5/02. Since there was no arrears, the complainant auctioned the chitty for Rs.78,250/- in the 21st installment itself. The sureties were accepted for a future liability of Rs.20,000/- only. As the total liability at the time of processing the payment application was Rs.60,000/-, Rs.40,000/- was converted to Fixed Deposit with the lien of the 2nd opposite party. From the prize money, Rs.200/- and Rs.75/- were deducted towards the documentation charges and postage respectively. Rs.1650/- transferred to the said chitty to clear the dues on the date of payment. This opposite party submits that on 31.3.2004 the complainant himself given a letter to the 2nd opposite party stating that Rs.36,325/- has to be transferred to his own New Chitty Loan account No.1672 which was default in Alappuzha II Branch of KSFE in the name of the complainant. This transfer was made after obtaining the written request from the complainant in his own handwriting. This opposite party submits that from the 22nd installment onwards, the complainant defaulted the said chitty up to 30th installment. So the 2nd opposite party send notices including registered notice to the complainant. Thereafter the 2nd opposite party using the lien transferred an amount of Rs.18,000/- from the Fixed Deposit amount to the defaulted chitty. After the 30th installment also the complainant defaulted the said chitty and hence the 2nd opposite party sent several notices including registered notice to the complainant. So the 2nd opposite party transferred Rs.22,000/- from the Fixed Deposit to the defaulted chitty and with that amount cleared the overdue up to the 41st installment. This opposite party submits that even after the 41st installment also the complainant made default and hence the 2nd opposite party forced to recover the defaulted amount from the salary of the surety. The 2nd opposite party recovered the defaulted amount from the salary of the surety up to 48th installment. Thereafter the surety retired from the service. So the 2nd opposite party has no option other than the Revenue Recovery proceedings against the complainant for the balance defaulted amount in 49th and 50th installments. Hence the 2nd opposite party forced to Revenue Recovery proceedings against the complainant for the balance amount and interest thereon which comes to Rs.7,102/-. There is no deficiency in service on the part of the opposite parties.
3. The complainant was examined as PW1. The documents produced were marked as Exts.A1 to A3. The Asst. Manager of the opposite party was examined as RW1. The documents produced were marked as Exts.B1 to B9. Exts.B2 to B6 marked subject to objection. In order to prove the documents Exts.B2 to B6 the retired manager was examined as RW2. The manager of the opposite party was examined as RW3.
4. The points that arose for consideration are as follows:-
1) Whether there is any deficiency in service on the side of the opposite parties?
2) If so the reliefs and costs?
5. It is an admitted fact that complainant was a defaulter subscriber of the chitty No.5/02. It is also an admitted fact that complainant auctioned the chitty in the 21st installment. According to the opposite party in order to avail the chitty amount, complainant used his own employment certificate along with that of two sureties. They further stated that since the total liability at the time of processing payment application was Rs.60,000/-, an amount of Rs.40,000/- was converted to fixed deposit with the lien of 2nd opposite party. But it was opposed by the complainant. Ext.B3 is the letter dated 31.3.2004 issued by the complainant to the opposite party expressing his willingness to draw the prize money of the chitty as fixed deposit as security for the payment of failure installments of the chitty. While cross examining the complainant, he stated that he has not given such a letter to the opposite party and he has doubt regarding the signature put in that letter. Complainant has no case that while availing the chitty amount in the 21st installment he has not given any other security in addition to the salary certificate of the sureties. Moreover according to the opposite party since the complainant committed default from the 22nd installment onwards and the 2nd opposite party using the lien transferred the amount of Rs.40,000/- from the fixed deposit to the defaulter chitty and cleared the virtue up to the 41st installment. The complainant has not raised any objection regarding this adjustment by the opposite party. Complainant again committed default in remitting the installment and opposite party recovered the default amount from the salary of the surety, from the records produced by the opposite party. Ext.A2 is the registered notice dated 8.8.2011 issued by the opposite party to the complainant demanding Rs.4,000/- with 14% interest from the complainant. Complainant has not produced any document challenging this notice sent on 8.8.2011. Complainant has not produced any document to prove that he has remitted full installments. In the absence of such documents we are of opinion that complainant is liable to remit the remaining 2 installments. During the trial stage, the opposite party produced an account statement and it marked as Ext.B9. On verifying Ext.B9 we came to see that opposite party closed the Fixed Deposit by the complainant on 31.12.2004. The amount mentioned therein is Rs.40,000/-. But there is no mentioning regarding the interest accrued from the FD amount of Rs.40,000/-. Hence the complainant is entitled to get interest of the FD amount of Rs.40,000/-. Since the opposite party failed to produce any document to prove the payment of interest for the FD amount they are not entitled to claim Rs.4,000/- the defaulted amount from the complainant.
In the result, complaint is partly allowed. The opposite parties are restrained from initiating any proceedings on the basis of the demand notice dated 16.1.2013. No other relief is granted.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the day 30th of November, 2016.
Sd/- Smt.Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - K.P. Rajeev (Witness)
Ext.A1 - Copy of the demand notice dated 16.1.2013
Ext.A2 - Registered notice dated 8.8.2011
Ext.A3 - Copy of the letter dated 9.6.2011
Evidence of the opposite parties:-
RW1 - Udayadevi. N.S. (Witness)
RW2 - C.K. Radhakrisha Pillai (Witness)
RW3 - Anilkumar K.G. (Witness)
Ext.B1 - Copy of the application form
Ext.B2 - Letter dated 31.3.2014 (Subject to objection)
Ext.B3 - Form No. FD-1 dated 31.3.2004 (Subject to objection)
Ext.B4 - Form Ref. FD-IV and V dated 31.12.2004 (Subject to objection)
Ext.B5 - Form No. FD-II dated 31.3.2004 (Subject to objection)
Ext.B6 - Receipt (Subject to objection)
Ext.B7 - Payroll of employees for the month of March, 2004
Ext.B8 - Disbursement of pension sanction to C.K. Radhakrishna Pillai
Ext.B9 - Account statement
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
