Sri. N. Premkumar (Member)

C.C.No.61/10 (Filed on 13.04.2010)

Between:

P.D. Samuel,

Kottakkal Arya vaidya Sala,

(Konni Branch),

Near Sub Treasury, Konni,

Konni.P.O., Pathanamthitta Dist.

(By Adv. Czijy Chacko)                                              .....     Complainant

And:

1.     K.T. Baby,

National Chitty Funds,

Konni.P.O., Konni,

Pathanamthitta.

2.     Mariamma Baby,

National Chitty Funds,

Konni.P.O., Konni,

Pathanamthitta.

(By Adv. K.N. Yesodharan)                                       .....     Opposite parties.

O R D E R

Sri. Jacob Stephen (President):

                   The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.

                   2. The complainant’s case is that he had subscribed a chitty of the opposite parties vide chitty No.1/05 with a sala of ` 50,000 having 40 monthly instalments of ` 1,250 each.  The said chitty was started from 10.2.2005.  It was matured on June 2008.  The complainant had paid all the instalments.  After the maturity of the chitty, the complainant demanded the chitty amount from the opposite party who failed to pay the amount and offered interest for the said amount.  But the opposite party had not paid the chitty amount or the interest so far irrespective of his offer.  The above said act of the opposite party is a clear deficiency in service, which caused financial loss and mental agony to the complainant.  Hence this complaint for the realisation of the chitty amount of ` 50,000 and its interest at 12% per annum from the date of maturity along with compensation of ` 1,000 and cost of ` 2,000 from the opposite parties.

                   3. Opposite parties filed version denying the allegations of the complainant.  According to the opposite parties since the relationship between the complainant and the opposite party is that of a debtor and creditor, this Forum has no jurisdiction to entertain this complaint, as the complainant is not a consumer of the opposite parties.  Apart from the above contention, opposite parties admitted that the complainant had joined in a chitty of the opposite party and he had paid only 6 instalments.  The allegation that the complainant had remitted all the instalments is false and hence denied.  The opposite parties are ready and willing to pay the amount of 5 instalments remitted by the complainant, as the 1^st instalment is entitled to the opposite party as Foreman’s commission.  Since the opposite parties are ready to pay back the amount of the 5 instalments,  the complainant is not entitled to get interest or cost.  With the above contentions, the opposite parties prays for the dismissal of the complaint.

                   4. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?

                   5. The evidence of this complaint consists of the oral deposition of the complainant as PW1 based on his proof affidavit and Exts.A1 series (3 in Nos.).  For the opposite parties, there is no oral or documentary evidence.  After closure of the evidence, the complainant was heard.

                   6. The Point:-  The complainant’s allegation is that he had paid 40 instalments of ` 1,250 each to the opposite party in connection with the chitty of the opposite party subscribed by the complainant.  After the maturity of the chitty opposite party failed to pay the chitty amount and its interest to the complainant irrespective of the complainant’s demand for the same.  The above said act of the opposite party is a clear deficiency in service and the opposite parties are liable to pay the chitty amount of ` 50,000 and its interest along with compensation and cost to the complainant.

                   7. In order to prove the complainant’s case, the complainant had filed a proof affidavit in lieu of his chief examination along with 3 chitty receipts.  On the basis of the proof affidavit, the complainant was examined as PW1 and the chitty receipts produced were marked as Ext.A1, A1(a) and A1(b).  Ext.A1 is the chitty receipt No.1245 dated 18.11.05 issued by the opposite party for ` 1,250 for the payment of the 10<sup>th</sup> instalment by the complainant.  Ext.A1(a) is the chitty receipt No.1363 dated 23.9.06 issued by the opposite party for ` 1,250 for the payment of the 20^th instalment by the complainant.  Ext.A1(b) is the chitty receipt No.1370 dated 15.11.06 issued by the opposite party for ` 1,250 for the payment of the 22^nd instalment by the complainant.  For the opposite parties, there is no oral or documentary evidence.

                   8. On the basis of the contentions of the parties, we have perused the materials on record and found that the complainant is a subscriber in chitty No.1/05 of the opposite party.  According to the complainant, he had paid 40 instalments.  But according to the opposite party, the complainant had paid only 6 instalments.  But on a perusal of Ext.A1 series it is seen that the complainant had paid up to the 22^nd instalment.  Therefore we find that the claims raised by the complainant and the opposite party with regard to the payment is not correct.  Since Ext.A1(b) receipt is the receipt issued for the remittance of the 22^nd instalment.  We find that the complainant had paid 22 instalments of ` 1250 each to the opposite party and opposite parties are liable to pay the amount equal to 22 instalment, i.e. ` 27,500.  Therefore, this complaint can be allowed in part.

                   9. In the result, the complaint is allowed partly thereby the opposite parties are directed to pay an amount of ` 26,250 (Rupees Twenty Six Thousand two hundred and fifty only), being the amount less the Foreman’s commission with 9% interest from the date of filing of this complaint along with cost of ` 1,000 (Rupees One Thousand only) within 30 days from the date of receipt of this order failing which the complainant is allowed to realise the whole amount ordered herein above with 12% interest from today till the whole realisation.

                       Declared in the Open Forum on this the 15^th day of December, 2010.

                                                                                                       (Sd/-)

                                                                                                Jacob Stephen,

                                                                                                   (President) 

Smt. C. Lathika Bhai (Member)              :         (Sd/-)

Sri. N. Premkumar (Member)                 :         (Sd/-)

Appendix:

Witness examined on the side of the complainant:       

PW1  :  P.D. Samuel

Exhibits marked on the side of the complainant:

A1     :   Chitty receipt No.1245 dated 18.11.05 for ` 1,250 issued by the 

               opposite party for the payment of the 10^th instalment to the  

               complainant. 

A1(a) :  Chitty receipt No.1363 dated for ` 1,250 23.9.06 issued by the 

              opposite party for the payment of the 20^th instalment to the

              complainant. 

A1(b) :  Chitty receipt No.1370 dated for ` 1,250 15.11.06 issued by the 

              opposite party for the payment of the 22^nd instalment to the

              complainant.

Witness examined on the side of the opposite parties:  Nil.

Exhibits marked on the side of the complainant:  Nil.

                                                                                             (By Order)

                                                                                      Senior Superintendent.

Copy to:- (1) P.D. Samuel, Kottakkal Arya vaidya Sala, (Konni Branch),

                       Near Sub Treasury, Konni, Konni.P.O., Pathanamthitta Dist.

(2)  K.T. Baby, National Chitty Funds, Konni.P.O., Konni,

             Pathanamthitta.

(3)  Mariamma Baby, National Chitty Funds, Konni.P.O., Konni,

             Pathanamthitta.

       (4)  The Stock File.