By Jayasree Kallat, Member The petition is field on 30-12-06. Complainant Smt. Devi has field the petition alleging deficiency in service on the part of the opposite party. The petitioner had joined for a chitty in the Perambra branch of the opposite party. The chitty sala was Rs.2,00,000/-. Complainant had paid Rs.5000/- towards the first instalment and Rs.3750/- towards the second instalment. There after the complainant was informed by the opposite party that she had attained the chitty lot and hence she need not pay any amount. The complainant had furnished the salary certificate before the opposite party. The complainant had also produced the document of 10 cents of land in the name of the complainant’s husband and herself. The opposite party refused to pay the chitty amount to the complainant. Opposite party had directed the complainant to deposit the amount with the opposite party and to remit the amount which comes after deducting the interest of the deposit. The complainant had joined the chitty for a special purpose of buying a property for which she had given Rs.5000/- as advance. Complainant is alleging negligence and deficiency n the part of opposite party for not disbursing the chitty amount for which the draw was in favour of the complainant. Complainant had sent a notice to the opposite party for which opposite party did not reply. Complainant has filed the petition to get the amount she had expended along with compensation. Opposite party filed a version denying the allegations in the complaint except those which are expressly admitted. Opposite party admits that the complainant was a subscriber in chitty No. 4 of 2006 of the opposite party. The sala was Rs.2,00,000/-. The duration of the chitty was 40 months. The monthly instalment was of Rs.5000/-. Opposite party also admits that the draw conducted on 30-3-06 was infavour of the complainant. Complainant had remitted Rs.5000/- towards the first instalment and Rs.3750/- towards the second instalment. Opposite party denies the statement of the complainant that opposite party had told the complainant that she need not remit any money towards the future instalment. The complainant had given an application to transfer the amount of Rs.1,40,000/- ie. after deducting 25% of discount and 5% of commission into the Fixed deposit. In the case of Rs.1,40,000/- being transferred to F.D. in complainant’s name her liabilities stands at Rs.50,000/- which is unsecured. Opposite party had instructed the complainant to produce sufficient security in the form of land or to produce 2 signed cheques and a promissory note as per the direction of the Circular No.177/2005. The complainant had offered 10 cents of land jointly owned by her husband and herself. There after opposite party had inspected the property offered as security. It was found that there was no clear access to the property and that the property does not meet the standard of “sufficient security”. The documents were returned to the complainant. The salary certificate was also returned to the complainant because the condition for the acceptance of the salary certificate as security is that the incumbent should have at least six months of service left after the final instalment of chitty is due. As per the salary certificate produced the complainant would retire from service before that period. Opposite party is not liable to pay any amount to the complainant as there was no negligence or deficiency on the part of the opposite party. The complainant is not eligible to get any amount from the opposite party. The petition is liable to be dismissed. The point for consideration is whether the complainant is entitled for relief sought in the petition? The complainant was examined as PW1 and Ext.A1 to A11 were marked on complainant’s side. Opposite party was examined as RW1 and Ext.B1 and B2 were marked on opposite party’s side. The case of the complainant is that she had joined the chitty conducted by the opposite party. The Sala amount was Rs.2,00,000/-. After the remittance of 2 instalments, the draw was in favour of the complainant. Even after furnishing sufficient security ie. the complainant’s salary certificate and a document of 10 cents of land in the name of complainant’s husband and herself, the opposite party failed to disburse the chitty amount to the complainant and she has filed the petition. Opposite party in their version had categorically stated that the security furnished by the complainant was insufficient. There was no clear access to property of the complainant and that property did not meet the stand of sufficient security. The condition for accepting salary certificate as security is that the incumbent should have at least six months of service left after the final instalment of chitty is due. The complainant would retire from service before that period. The complainant has vehemently argued she is not aware of any circular of the opposite party. The counsel for the complainant has argued that if the property was insufficient as security it was not informed to the complainant. If the complainant was informed she was ready to furnish further document of property as security. Opposite party has not produced any document showing that the complainant was informed that the property furnished as security was insufficient. Complainant also alleges that the chitty amount which was entitled to her was transferred to the F.D.without informing the complainant. The complainant’s name was deleted from the list of subscribers by the opposite party without informing the complainant. After perusal of the documents the Forum has come to the conclusion that the complainant was not properly intimated regarding the insufficient security and the further procedure. Complainant’s definite case is that if she was intimated regarding the insufficiency of security within time she would have made other arrangements. Due to the deficiency and negligence on the part of opposite party complainant could not furnish sufficient security. Hence we are of the opinion that there was a slight deficiency on the part of opposite party. The complainant has remitted Rs.5000/- as first instalment and rs.3750/- as the second instalment . We are of the opinion that the complainant is entitled to get back the amount of Rs.8750/- as she could not enjoy the benefit of the chitty because of the negligence of opposite party even though she was a subscriber. The complainant has taken the contention that she had paid Rs.5001/- as advance towards purchase of a property but the complainant has not produce any evidence or any document to prove that she has paid Rs.5001/-. The complainant has also sought for the amount she had expended towards paper works with regard to the pledging of the document in the name of the complainant and her husband. In our opinion complainant is not entitled for this amount as it is the duty of the complainant to get the papers if she has to provide the security. Hence the Forum has come to the conclusion that the complainant is entitled for only Rs.8750/- which she has paid as subscription to the chitty. In the result the petition is partly allowed directing the opposite party to return back Rs.8750/- and to pay a compensation of Rs.1000/- and cost of Rs.500/- to the complainant within one month from the date of receipt of copy of the order. Pronounced in the open court this the 22nd day of June 2010. SD/-PRESIDENT SD/-MEMBER SD/- MEMBER APPENDIX Documents exhibited for the complainant A1.True copy of Registered notice dtd.17-08-06. A2. Photo copy of notice dtd.16.11.2006 A3. Affidavit A4. Photocopy of Cheque leaf of Dist. Co. Op.Bank A5. Photocopy of receipt dtd.20.07.06. A6. Photocopy of receipt dtd 02-06-06 A7. Photocopy of employment certificate A8. Photocopy of kudikkada Certificate A9. Photocopy of schedule of properties A10.Details of location certificate of paleri village officer. A11.Photocopy of agreement dt. 29-6-2005. Document exhibited for the opposite party: B1. Valuation report dtd. 22.07.06 B2.Photocopy of details of chitty. B3.Statement of remittance Witness examined by the complinant: PWI. Devi. C.M. complainant. Witness examined by the opposite party: RW1 Abdul salam.T.A. SD/- President //True copy// Date of filing : 30.12.2006 Date of order : 22.06.2010 ( Forwarded /By order) SENIOR SUPERINTENDENT
| | [HONOURABLE MRS. Jayasree Kallat, MA.,] Member[HONOURABLE MR. G Yadunadhan, BA.,LLB.,] PRESIDENT[HONOURABLE MR. L Jyothikumar, LLB.,] Member | | 
