By Sri. MOHANDASAN.K, PRESIDENT

1.Complaint in short is as follows: -

The complainant is a driver by profession and he was approached by the agent of the opposite party to subscribe in a chitty. He is being enticed by the terms and conditions of the chitty, he subscribed in the chitty. The chitty sala was Rs. 5,00,000/-. The complainant expressed his concern whether he will get back the money in case he fails to remit the entire instalments. The agent of the opposite party assured that he will get back the money whatever he remitted to the opposite party.

2. The complainant remitted the first instalment of Rs. 20,000/- during the month February 2018 and thereafter he continued to pay the amount up to 2018 July 26. The complainant remitted an amount of Rs. 91,000/- and the collection agent of the opposite party had endorsed the same in the pass book. The opposite party had stated that first draw of the chitty was on 20/02/2018 and the employee of the opposite party will collect instalment amount as daily collection. The chitty Number was DKC and chital No. was 4.

3. The complainant was being a driver working attached to laterite quarry, the covid pandemic affected the work and so he was put in financial difficulties and so the complainant could not remit further instalments of the chitty. Then the complainant approached the opposite parties for the refund of chitty amount and then it was told that he will be given the remitted amount on completion of chitty term i.e., after 20/02/2020. The complainant thereafter on completion of chitty period approached for the refund of instalments paid, but the opposite parties sought further time to refund the amount. Thereafter again on 04/06/2020 the complainant approached the Manager of the opposite party and that time it was told that due to covid pandemic there is short of money and so he agreed to refund the amount on or before 20/06/2020. The Manager of the opposite party agreed the same in writing. But even after 20/06/2020 though complainant approached several times the opposite party, but there was no result. Ultimately the opposite parties challenged the complainant to take appropriate action to realise the money.

4. The complainant submits that, he had availed loan from different persons assuring to repay the money on receipt of money from the opposite parties. Due to the default of the opposite parties, the complainant suffered mental agony as well as financial difficulties. He was insulted before the public also. Hence the complaint alleges deficiency in service and unfair trade practice on the part of the opposite parties. The complainant pray for the refund of Rs. 91,000/- along with 12% interest from the opposite parties and also compensation of Rs. 4,00,000/- along with cost.

5. On admission of the complaint the notice was issued to the opposite parties and even service of notice the opposite parties did not turn up and so set them exparte.

6. The complainant filed affidavit and documents. The documents on the side of complainant marked as Ext. A1 and A2. Ext. A1 is daily collection book of chitty No. DKC and chital No.04. Ext. A2 is letter of undertaking issued by Mr.Jayakrishnan K.M, Regional Manager, Dhanakodi chits Private Limited, Malappuram, dated 04/06/2020. The case of the complainant stands proved through the affidavits and documents. Ext.A1 is the daily collection book, which shows that the complainant remitted the amount as stated in the complaint. Ext.A2 shows that the opposite parties agreed to refund the amount on or before 20/06/2020. There is no contra evidence against the case of complainant. Hence the case of the complainant stands proved through the affidavits and documents. In the absence of contra evidence we allow this complaint as follows:-

1. The opposite parties are directed to refund Rs.91,000/-(Rupees Ninety-one thousand only) with interest at the rate of 12 % per annum from the date of filing this complaint to till day of payment.

2. The opposite parties are directed to pay Rs.25,000/- (Rupees Twenty-five thousand only) as compensation on account of deficiency in service and thereby caused in convenience, hardships and financial difficulties to the complainant.

3. The opposite parties are also directed to pay Rs.5000/-(Rupees Five thousand only) as cost of the proceedings.

The opposite parties shall comply this order within one month from the date of receipt of copy of this order, failing which the opposite parties are liable to pay interest at the rate of 12% per annum for the above said entire amount including cost from the date of this order till the date of payment.

Dated this 7^thday of January, 2023.

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1& A2

Ext. A1: Daily collection book of chitty No. DKC and chital No.4.

Ext. A2: Letter of undertaking issued by Mr.Jayakrishnan K.M, Regional Manager

Dhanakodi chits Private Limited, Malappuram dated 04/06/2020.

Witness examined on the side of the opposite party : Nil

Documents marked on the side of the opposite party : Nil

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER

CPR