Tamil Nadu

South Chennai

410/2009

A.Mohanraj - Complainant(s)

Versus

K.Sathyanarayanan - Opp.Party(s)

Party in Person

14 Jun 2018

ORDER

                                                                        Date of Filing  : 06.05.2009

                                                                          Date of Order : 14.06.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.410 /2009

DATED THIS THURSDAY THE 14^th DAY OF JUNE 2018

                                 

A. Mohan Raj,

No.14/23 A, Bhagya Building,

A-1, First Floor,

Pillayar Koil Street,

Vadapalani,

Chennai – 600 026.                                                     .. Complainant.                                                           ..Versus..

 

K. Sathyanarayanan,

Branch Manager,

Integrated Enterprises (India) Limited,

No.22/8, 2^nd Floor, 10^th Avenue,

Ashok Nagar,

Chennai – 600 083.                                                ..  Opposite party.

          

For complainant                               :  Party in person

Counsel for opposite party    :  M/s. D. Nagesh Babu & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.2,000/- being deducted from the complainant’s account with interest at the rate of 18% p.a. and to pay a sum of Rs.1,00,000/- towards compensation for mental agony with cost of Rs.5,000/- to the complainant.

1.     The brief averments of the complainant in English are as follows:-

The complainant joined as a Member in ICICI Fund bearing Folio No.2855537/41 and paid a sum of Rs.1,000/- from 03.10.2007 to 10.07.2008 totally of Rs.10,000/-.  The complainant submits that thereafter, he was not able to pay the instalments and requested the opposite party to return the said amount of Rs.10,000/- dated: 01.04.2009.   After repeated requests and demands, the opposite party issued a cheque for Rs.8986.86 on 12.08.2008.  The complainant further states that after due payment of Rs.10,000/-, the opposite party deducted a sum of Rs.2,000/- on 11.08.2008 and 10.09.2008 respectively without any intimation and unauthorisedly.  The opposite party has not stated anything for such withdrawal of Rs.2,000/- from the account of the complainant. Further the complainant submits that even after payment of Rs.10,000/- by way of 10 instalments, the opposite party deducted a sum of Rs.1,014/- and only issued a cheque for a sum of Rs.8986.86 for that, also the opposite party has not given any reason.   Therefore, the complainant sent a letter dated:01.04.2009 to the opposite party and no reply from the opposite party.  The above act of the opposite party is unfair trade practice and deficiency in service.   Hence the complaint is filed. 

2.     The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.   The opposite party states that the complainant paid Rs.1,000/- per month in ICICI Fund which is a mutual fund.  The profit is fluctuated according to the market value and thereby, a sum of Rs.1,014/- was deducted and a balance amount of Rs.8,986.86 was paid to the complainant.   ICICI fund is a mutual fund which may give profit in accordance with the share market is well known to the complainant.  Further the opposite party states that the opposite party is acting as an adviser to the ICICI Fund Ltd. and the complainant’s letter dated:01.04.2009 was redirected to the ICICI Fund Ltd and  thereby, there is no unfair trade practice or deficiency in  service on the part of the opposite party.  Hence the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked. Proof affidavit of the opposite party filed and no documents filed and marked on the side of the opposite party.

 

4.     The points for consideration is:

1. Whether the complainant is entitled to refund a sum of Rs.2,000/-  deducted by the opposite party with interest at the rate of 18% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony with cost as prayed for?

5.     On point:

Both parties has not filed any written arguments and not turned up to advance any oral arguments also.  Perused the records namely complaint, written version, proof affidavits, documents etc.   Admittedly, the complainant joined as a Member in ICICI Fund bearing Folio No.2855537/41 and paid a sum of Rs.1,000/- from 03.10.2007 to 10.07.2008 totalling of Rs.10,000/-. The contention of the complainant is that thereafter, he was not able to pay the instalments and requested the opposite party to return the said amount of Rs.10,000/- through letter dated: 01.04.2009 as per Ex.A2.  After repeated requests and demands, the opposite party issued a cheque for Rs.8986.86 on 12.08.2008 vide Ex.A3.  The complainant further contended that after due payment of Rs.10,000/-, the opposite party deducted a sum of Rs.2,000/- on 11.08.2008 and 10.09.2008 respectively without any intimation and unauthorisedly.  The opposite party has not stated anything for such withdrawal of Rs.2,000/- from the account of the complainant. Further the complainant contented that even after payment Rs.10,000/- by way of 10 instalments the opposite party deducted a sum of Rs.1,014/- and only issued a cheque for a sum of Rs.8986.86 for that, also the opposite party has not assigned any reason till filing the written version in this case. The act of the opposite party is unfair trade practice and deficiency in service.   Hence the complainant is constrained to file this case claiming the refund of Rs.2,000/-  withdrawn by the opposite party from the complainant’s account and a sum of Rs.1,00,000/- towards compensation for mental agony and hardship caused to the complainant. 

6.     The contention of the opposite party in his written version is that, the complainant paid Rs.1,000/- per month in ICICI Fund which is a mutual fund.   The profit is fluctuated according to the market value and thereby, a sum of Rs.1,014/- was deducted and paid a balance amount of Rs.8,986.86.   ICICI fund is a mutual fund which may give profit in accordance with the share market is well known to the complainant.  But the opposite party has not raised any substantial contention regarding the deduction of Rs.1,000/- on 11.08.2008 and 10.09.2008 respectively which amounts to deficiency in service.  Further the contention of the opposite party is that the  complainant’s claim is exorbitant and imaginary.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall refund a sum of Rs.2,000/- with interest at the rate of 9% p.a. from the date of filing of this complaint to till the date of this order with compensation of Rs.10,000/- and cost of Rs.5,000/- to the complainant.

In the result, this complaint is allowed in part.  The opposite party  is directed to refund a sum of Rs.2,000/- (Rupees two thousand only) being the amount withdrawn by the opposite party from the complainant’s account with interest at the rate of 9% p.a. from the date of filing of this complaint i.e. 06.05.2009 to till the date of this order to the complainant and to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

The above amounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 04^th day of June 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

		Copy of Statement of Accounts showing deduction of Rs.2,000/-
		Copy of Letter sent by the complainant through registered post to the opposite party and its acknowledgement
		Copy of cheque for a sum of Rs.8,986.86/-
		Copy of visiting card of the opposite party

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  NIL

 

MEMBER –I                                                                      PRESIDENT