By Sri. MOHANDASAN.K, PRESIDENT
1. The complainant herein running men’s beauty parlor at Nilambur in the name and style “T Cut”. There were two co-workers also with him namely Haseeb K.A S/o Azees and Afthab S/o Ali. Mr.Haseeb and Mr. Afthab subscribed chitty of the opposite parties during the year 2018. The Sala of chitty was Rs.5,00,000/- and 3,00,000/- Respectively. But they failed to remit the monthly installments due to financial crisis and so the complainant undertook the chitties with concurrence of the opposite parties.
2. At the time of undertaking chitty the opposite parties had collected commission as well as taxes from the aforesaid Haseeb K.A and Mr. Aftab. The opposite parties had agreed that they will not collect further commission and tax in the matter. The opposite parties had issued two daily collection pass books to the complainant. At that time there was Rs.72,300/- in the chitty of Mr. Haseeb K.A after deducting commission and tax and thereafter the complainant started to remit monthly installments from 2019 May onwards. In the other chitty the balance amount was Rs.83,800/- and thereafter he started to remit the monthly installments from 2019 May onwards. The pass book was handed over to the opposite parties entering the balance amount in the chitty. The total amount in chitty with Sala of 5,00,000/- was Rs.88,800/- after adding the amount remitted by the complainant till 2019 September. In chitty with Sala of 3,00,000/-, the total amount after adding the amount remitted by the complainant up to 2019 September is Rs.90,300/-. Unfortunately due to Covid pandemic 2019 there was financial stringency to the complainant and the complainant could not remit the further installments and that was properly informed to the opposite parties. There after the complainant approached the opposite party at the office and requested for the refund of chitty amount. But the opposite parties said that the time limit of both chitty ends during 2021 March and thereafter only the opposite parties can refund the amount remitted by the complainant. Subsequently several occasions the complainant approached the opposite parties for the refund of chitty amount but he was sent back stating lay excuses. Ultimately on 02/09/2021 the complainant approached the opposite parties at the office directly and at that time the opposite party said that he will be entitled only for a meager amount after deducting tax and commission. The submission of the complainant is that once the opposite party had collected tax and commission in the matter and so realizing the same on second occasion is illegal but the opposite parties did not heed to his submission.
3. The complainant also submit that though he approached the opposite party several times the opposite parties did not care to enter the chitty number in the pass book. So the apprehension of the complainant is that whether the opposite party had really conducted the chitty or not. The opposite party is legally liable to refund the chitty amount as per the bylaw on expiry of chitty period. Due to Covid restrictions imposed by the state government there is little bit delay in proceeding against opposite party which is not willful one.
4. Thereafter the complainant caused legal notice to the opposite parties on 09/09/2021 but there was no reply from the side of opposite party. The opposite parties so far not refunded the chitty amount also. The opposite parties willfully harassing the complainant. So the prayer of the complainant is to refund the total amount of Rs.1,79,100/-, the remitted chitty amount and interest thereon from 01/03/2021 at the rate of 12% and also compensation of Rs.50,000/- along with cost of the proceedings.
5. On admission of the complaint notice was issued to the opposite parties but despite receipt of notice both the opposite parties not turned up hence set exparte.
6. The complainant filed chief affidavit in lieu of evidence and documents. The documents marked as Ext. A1 to A3. Ext. A1 is copy of lawyer notice dated 09/09/2021 along with postal acknowledgement. Ext. A2 is copy of daily collection book of the opposite party issued from Nilambur Branch regarding chitty with Sala 3,00,000/-. Ext. A3 is copy of daily collection book of the opposite party issued from Nilambur Branch regarding chitty with Sala 5,00,000/-.
7 The opposite parties are being set exparte, the case of complainant stands proved through the chief affidavit in lieu of evidence and documents Ex.t A1 to A3. There is no contra evidence against the case of complainant.
8. The perusal of affidavit and documents, it appears the case of complainant is genuine one and the affidavit and documents supports the case of the complainant. Hence, we allow this complaint as follows: -
1) The opposite parties directed to pay Rs.1,79,100/- to the complainant along
with 9% interest per annum from 01/03/2021 to till realization.
2) The opposite parties are directed to pay Rs.50,000/- to the complainant on
account of deficiency in service and thereby caused inconvenience and
hardship to the complainant.
3) The opposite parties also directed to pay Rs.10,000/- as cost of the
proceedings to the complainant.
The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the above said entire amount will carry interest @ 12% per annum from the date of filing this complaint till realization.
Dated this 31st day of August, 2022.
Mohandasan K., President
PreethiSivaraman 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 to A3
Ext.A1: Copy of lawyer notice dated 09/09/2021 along with postal acknowledgement.
Ext.A2: Copy of daily collection book of the opposite party issued from Nilambur
Branch regarding chitty with sala 3,00,000.
Ext A3: Copy of daily collection book of the opposite party issued from Nilambur
Branch regarding chitty with sala 5,00,000/-.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan K., President
PreethiSivaraman C., Member
Mohamed Ismayil C.V., Member
