Kerala

Idukki

CC/95/2020

Vinu Murali - Complainant(s)

Versus

Karuvelimattam chits pvt ltd - Opp.Party(s)

18 May 2023

ORDER

DATE OF FILING : 07/08/2020

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 18^th day of May 2023

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.95/2020

Between

Complainant                 :   Vinu Murali, S/o K.N.Muraleedharan Namboothiri,

                                          Ambady House, Manakkadu Village,

                                           Manakkadu P.O., Thodupuzha Taluk,

                                           Idukki District.

                                                           And

Opposite Party                       :   1 .  Karuvelimattom Chits Private Ltd.,                                 

                                                         Amba Building Thrikkakkara, Kochi- 22,

                                                         Represented by its Managing Director,                

                                                         Navas K.K., S/o Kadharpilla,

                                                         Residing at Karuvelimattom (H),

                                                         Thrikkakkara, Vazhakkala Village,

                                                         Ernakulam District.

                                                    2 . Navas K.K., S/o Kadharpilla,                 

                                                         Managing Director, Karuvelimattom                         

                                                         Chits Private Limited, Amba Building             

                                                         Thrikkakkara,  Kochi- 22, Residing at  

                                                         Karuvelimattom (H),  Thrikkakkara,  

                                                         Vazhakkala Village, Ernakulam District.

                                                         (Both by Adv.Sain Paul Alunkal)

                                                    3 . Salam, S/o Parikutty, Board Member,  

                                                         Karuvelimattom Chits Private Limited,   

                                                         Amba Building Thrikkakkara, Kochi- 22,  

                                                          Residing at  Valappil (H),  Thrikkakkara,  

                                                          Vazhakkala Village, Ernakulam District.

 

 

 

(Cont.....2)

 

-2-

                                                              

O R D E R

SMT.ASAMOL P., MEMBER

 

Complainant’s case is briefly discussed hereunder:-

 

1 . Complainant is permanently residing at Thodupuzha Taluk and he is running a business in the name of ‘Namboothirees Foods and Pickles’ for earning his livelihood.  Opposite parties are conducting chitty business.  Complainant has joined this chitty named as ‘Manikyam Chitty’ on  04/01/2016 at Thodupuzha, Vengalloor Branch.  The chitty number was THOD-45/15 and Rs.5 Lakhs was sala for this chitty and termination period was 20 months.  At the time of joining, opposite parties have informed that the payment can be made of Rs.1000/- per day for 20 months.

2 . As per that, complainant had been paid these chitty amount till 04/11/2016 and thus, totally Rs.2,50,000/- was paid by 10 months.   After receiving these amounts, opposite parties have issued  receipts to complainant.  Thereafter, complainant was informed that institution was closed on 16/01/2017 and opposite parties have absconded.  When complainant went to Vengallor Branch, he found that institution was locked.  Thereafter complainant had approached to the registered office of this institution at Thrikkakkara on various dates such as January 2018, 31^st March  2019 and 2^nd June  2020.  He came to know that these opposite parties have cheated many persons with receiving money illegally and subsequently they were hiding.  Complainant has demanded the money, but, they did not give it till now.

3 . Thereafter, complainant has filed a petition to JFMC and it has been proceeding before CJM Court as CC NO.104/2020.

 

(Cont.....3)

 

-3-                                                 

 

4 .  Complainant has totally paid Rs.2,50,000/- to the chitty by 10 months without any interruption.  Complainant demands 12% interest since 04/01/2016.  Non payment of the chity amount by opposite parties is deficiency in service on their part.  Hence he has prayed the following reliefs.

 (a) 1^st and 2^nd opposite parties may be directed to pay Rs.2,50,000/- along with 12% interest to complainant.

(b)  The amount of Rs.25,000/- should be allowed as compensation and Rs.30,000/- as cost of litigation to complainant.

Notice of 1^st and 2^nd opposite parties are served.  Upon that 1^st and 2^nd opposite parties have appeared.  But, no written version is filed within the prescribed period.  Notice of 3^rd opposite party returned unserved as there is no such address.  But, complainant has not furnished correct address of 3^rd opposite party.  Therefore, complaint against 3^rd opposite party is dismissed.  Thereafter, it was posted for complainant’s evidence.  No oral evidence adduced by complainant.  Ext.P1 series (24 in numbers) were marked on the part of complainant.  Opposite parties have not adduced any evidence.  No documents were produced by opposite parties. Hence evidence closed and case was taken for orders.  Now, the points which arise for consideration are:-

 (a)  Whether there is any deficiency in service on the part of opposite parties?

(b)  If so, what reliefs the complainant is entitled to?

Points are considered together

We have perused the complaint and documents.  As per Ext.P1 series 24 in  number,  Rs.20,400/-  was  paid  to  the  chitty.  No other receipts were

(Cont.....4)

 

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produced.  Complainant states that he has totally paid Rs.2,50,000/- to this chitty.  But, there is no evidence adduced to prove that these amount were paid. Opposite parties have not adduced any evidence.  No written version is filed within the prescribed period.  Upon perusal of P1 series we find that complainant has paid only Rs.20,400/-.  He is entitled to get this amount from opposite parties.  Discontinuing chitty without informing subscriber and non refunding of amount collected as subscription towards discontinued chitty amount to deficiency in service.    Hence complaint is allowed in part as hereunder.

(a  ). 1^st and 2^nd opposite parties are directed to pay Rs.20,400/- to complainant.

(b ).  1^st and 2^nd opposite parties are directed to pay Rs.10,000/- as compensation and Rs.5,000/- as cost of litigation to complainant within 45 days from the date of receipt of this order.  These amounts, except, cost of litigation, shall carry 12% interest per annum from the date of order till its realization.

Extra copies to be taken back by parties without delay.

 Pronounced by this Commission on this the 18^th  day of May, 2023.

 

                                                                                          Sd/-                                                                                         

                                                                                SMT.ASAMOL P., MEMBER                                                                                                            

                                                                                                     Sd/-                                                                    

                                                                        SRI.C.SURESHKUMAR, PRESIDENT

                                                                                                     Sd/-                                                                       

                                                                                 SRI.AMPADY K.S., MEMBER

 

 

 

(Cont.....5)

 

-5-

 

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1series (24 in numbers)   - Copy of receipts issued by opposite parties.

On the side of the Opposite Party :

Nil

 

                                                                                               Forwarded by Order  

 

 

                                                                                        ASSISTANT REGISTRAR