IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,

Dated this the 10^th day of February, 2014.

Present : Sri. Jacob Stephen (President)

Smt. K.P. Padmasree (Member)

C.C.No.129/2013 (Filed on 17.10.2013)

Between:

K.K. Krishnakumar,

Kumar Sadanam,

Kudassanadu.P.O.,

Pin – 689 512.                                                                                   …..      Complainant

(By Adv. Gopikrishnan)

And:

1. Kailas Chits,

PSA /Reg: FBD/LI-FBD-2-4/0040652,

Regional Office, Haripad.P.O.,

Pin – 690 514, Rep. by its-

Officer in Charge.

1. Kailas Chits,

Anil Buildings,

East of KSRTC,

Pandalam.P.O., Pin – 689 501.

1. Santhosh Kumar, M.S,

Mundakathil House,

Neerettupuram.P.O.,

Chakkulam,

Pin -689 571.                                                                         …..      Opposite parties.

O R D E R

Sri. Jacob Stephen (President):

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

                        2. The brief facts of this complaint is as follows:-  The complainant is conducting a petty shop at Kudassanad and the 3^rd opposite party is the sole proprietor of Kailas Chits engaged in chitty business.  The 1^st opposite party is the Regional office and the 2^nd opposite party is the Branch office of the 3^rd opposite party’s business concern.  The complainant subscribed in a chitty of the opposite parties having sala of Rs.50,000/- started on 15.12.2011.  The complainant has to Rs.100/- per day for six days in a week.  The duration of the chitty is for 20 months.  The complainant joined in the said chitty on the assurance of the opposite parties that they will release the chitty amount after completing the payments for 5 months.  Accordingly, the complainant had paid Rs.19,180/- till this day.  Opposite parties also collected Rs.250/- as charges for the document registration and signed non-judicial stamp paper worth Rs.100/- and 4 signed blank cheques from the complainant for facilitating the payment of the chitty amount to the complainant.  But they have not released the chitty amount so far as assured by them in spite of the complainant’s repeated request.  The above said non-payment of the chitty amount to the complainant by the opposite parties is a deficiency in service, which caused mental agony and financial loss to the complainant.  Hence this complaint for the realization of Rs.19,180/-, the amount paid by the complainant with 12% interest and the realization of Rs.250/-, the amount collected by the opposite parties as document registration charges along with compensation of Rs.25,000/- and cost of this proceedings and for getting back the blank cheques and signed stamped paper.

                        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 complaint consists of the proof affidavit of the complainant and Ext.A1.  After closure of evidence, complainant was heard.

                        6. The Point:-  The complainant’s case is that he is a subscriber in a daily chitty conducted by the opposite parties having sala of Rs.50,000/- started on 15.12.2011 and he had paid Rs.19,180/- as chitty instalments so far.  As per the terms and conditions, the opposite party is bound to pay the chitty amount after 5 months.  On the basis of it opposite parties also collected signed stamp paper, blank cheques and Rs.250/- as document registration charges.  Though complainant completed the instalment up to the 5^th month and had given the documents and the documentation charges to the opposite parties.  But they have not paid the chitty amount to the complainant so far as assured by the opposite parties.  The above non-payment of the chitty amount is a deficiency in service and the opposite parties are liable to the complainant for the same and hence the complainant prays for allowing the complaint.

                        7. In order to prove the case of the complainant, the complainant filed a proof affidavit in lieu of his chief examination along with one document, which is marked as Ext.A1 on the basis of the complainant’s proof affidavit.  Ext.A1 is the chitty pass book issued from the 2^nd opposite party’s office.

                        8. On the basis of the allegations of the complainant, we have perused the available materials on record and found that the complainant is a subscriber of the opposite parties chitty business.  As per Ext.A1, it is seen that complainant had so far remitted Rs.19,180/- to the opposite parties and as per the proof affidavit of the complainant, opposite parties has not return the chitty amount and they are liable to the complainant for the same.  Since opposite parties are exparte, the complainant’s case stands proved as unchallenged.  Therefore, we find that the complainant is entitled to get the amounts remitted by him and the documents given by him and hence this complaint is allowable. 

                        9. In the result, this complaint is allowed, thereby the 3^rd opposite party, being the sole proprietor of opposite parties 1 and 2, is directed to pay an amount of Rs.19,430/- (Rupees Nineteen Thousand four hundred and thirty only) to the complainant with 10% interest from the date of filing of this complaint along with compensation of Rs.5,000/- (Rupees Five Thousand only) and cost of Rs.2,500/- (Rupees Two Thousand five hundred only) within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount with 12% interest from today till the realization of the whole amount.  3^rd opposite party is further directed to return the stamp paper and cheques collected from the complainant.

                        Declared in the Open Forum on this the 10^th day of February, 2014.

                                                                                                                                 (Sd/-)

                                                                                                                        Jacob Stephen,              

                                                                                                                           (President)

Smt. K.P. Padmasree (Member)            :         (Sd/-)

Appendix:

Witness examined on the side of the complainant:  Nil.

Exhibits marked on the side of the complainant:

A1   : Chitty Pass Book issued by the 2^nd opposite party’s office in the name of the 

          complainant.

Witness examined on the side of the complainant:  Nil.

Exhibits marked on the side of the complainant:  Nil.

                                                                                                                           (By Order)

                                                                                                                                 (Sd/-)

                                                                                                            Senior Superintendent

Copy to:- (1) K.K. Krishnakumar, Kumar Sadanam, Kudassanadu.P.O.,

                     Pin – 689 512.                                                                                     

1. Officer in Charge, Kailas Chits, PSA /Reg: FBD/LI-FBD-2-4/0040652,

          Regional Office, Haripad.P.O., Pin – 690 514.

1. Kailas Chits, Anil Buildings, East of KSRTC, Pandalam.P.O.,

     Pin – 689 501.

1. Santhosh Kumar, M.S, Mundakathil House, Neerettupuram.P.O.,

          Chakkulam, Pin -689 571.

    (5) The Stock File.