SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OPs to disburse the chitty amount of Rs.4,09,975/- add dividend Rs.90,025/- and a total amount of Rs.5,00,000/- with interest @12% per annum  from 5/3/2023 till the date of disbursement  to the complainant along with  cost of this  complaint  for   the deficiency of service and  unfair trade practice on the part of OPs.

  The brief of the complaint :

    The complainant  is a subscriber of chitty No.DTA and chital No.34 for the sala value of Rs.5,00,000/- under the Dhanakodi Chits(Pvt) Ltd run by the OPs.  The chitty No.DTA and chital No.34 was commenced on 10/5/2019.  The duration of the chitty  was 40 months.  The complainant had paid 40 instalments for a total  sum of Rs.4,09,975/-. After the termination of the period of chitty was over the  complainant  requested the OPs to close the chitty and to disburse the sala value of the  chitty .Thereafter the complainant approached the OP’s office on 12/4/2023 , but the office was seen closed.  The OP’s office was closed on 10/4/2023 onwards  and the complainant was not  in a position to  contact the OP’s.  The intention of OP’s to closed the chit funds with the dishonest intention to cheat the complainant and other chitty holders.  Then the complainant filed a complaint  before Judicial First class Magistrate Kuthuparamba against the OP’s and Kuthuparamba police registered crime No.603/2023.  The act of   OPs the complainant  caused much mental agony and financial loss.   So there is deficiency of service and unfair trade practice on the part of OP’s.  Hence the complaint.

           After filing the complaint, notice  issued to OPs . After receiving the notice the OP’s not appeared before the commission and not filed  version . The commission had to hold that the OPs have no version as such  this case came to be proceed against  the OPs are  set  exparte. 

    Even though the OP’s have remained ex-parte it is for the complainant to establish the allegations made by him against the OPs.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant  has chosen to produce his affidavit along with 4 documents marked as Exts.A1 to A4 .  The complainant was examined as PW1.   So the OPs remain absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant documents. On 10/5/2019 the 3^rd OP  issued the copy of the pass book of chitty to the complainant and marked as Ext.A1.  As per this exhibits the date of commencement  noted as 7/10/2020 and sala Rs.5,00,000/-.  In Ext.A2 is the receipt issued by the Kuthuparamba police station dtd.2/5/2023.  In Ext.A3 is the copy of FIR in crime No.603/2023 of Kuthuparamba police station dtd.1/7/2023.  In Ext.A4(series)  is the cash bills having 40 in numbers and he paid total sum of Rs4,09,975/- along with  dividend as Rs.90,025/- also.  After the  termination of the period of chitty was over the complainant requested the OP’s to close the chitty and to disburse the sala value of the chitty.  Then the complainant approached the OP’s office for payment of  chitty instalment, he came to know that  , the office of chit fund was closed  from 10/4/2023 onwards and he could not contact the OP’s  on any manner.    According to the complainant failure to refund the paid amount of Rs.4,09,975/- along with  dividend as Rs.90,025/- the   OPs are directly  bound to redress the grievance caused to the complainant.  Therefore we hold that the OPs are  liable to  refund  Rs. 4,09,975/-  with dividend  as Rs.90,025/- to the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant  and Rs.5000/- as litigation cost .

            In the result, the complaint is allowed in part directing  the opposite parties 1 to 3  are jointly and severally  liable  to refund  Rs.5,00,000/-(Rs. 4,09,975/-+ 90,025) to the complainant along with Rs.10,000/- as compensation for mental agony caused to the complainant  and Rs.5000/- as litigation cost within 30 days of receipt of this order.  In default the amount of Rs.5,00,000/- carries 12% interest per annum from the date of order till realization.  Failing which the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019

Exts:

A1- Copy of passbook issued by OP dtd.10/5/2019

A2-Receipt issued from Kuthuparamba police station DT.2/5/23

 A3-Copy of FIR in crime  No.603/2023.

A4(series)- cash bills(40 in Nos)

PW1-Jayakrishnan.K -  complainant.

Sd/                                                                Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                        MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR