By Sri. MOHAMED ISMAYIL C.V, MEMBER
The grievance of the complainant is as follows:-
1. The complainant had subscribed a chitty of Rs. 1,00,000/- (Rupees One lakhonly) conducted by the opposite parties following the persuasion and instigation made by the agent of the opposite parties. The chitty period was commenced on 16/07/2019 and it ended on 16/07/2021. It is averred by the complainant that she had remitted entire instalments of chitty without any default. After completion of chitty period, the complainant had approached the first opposite party for refund of chitty amount. But the first opposite party had proposed to wait for some time as sanction was required from the Head office, the second opposite party. Subsequently the complainant had repeatedly contacted the opposite parties, but they did not repay chitty amount. On the other hand it was told by the first opposite party that chitty amount can be deposited in a FD Scheme of the opposite parties. But the complainant was reluctant to act in accordance with the proposal of the first opposite party. So the complainant had been persistently contacted the opposite parties for 8 months to get back the chitty amount, but no fruitful result was brought out. Finally, on 16/03/2022 the complainant was compelled to deposit the chitty amount in the FD Scheme of the opposite parties. It is averred by the complainant that the chitty amount was Rs. 94,500/- and after adding Rs. 5,500/- into it she deposited Rs. 1,00,000/- as FD. According to the complainant, the opposite parties had offered 12.5% interest to the said amount from 16/03/2022 to 16/03/2023. After completion of maturity period, on 20/03/2023 the complainant had approached the first opposite party to withdraw the FD amount. The opposite parties assured that repayment of principal amount and its interest would be repaid within two days. But the opposite parties did not act properly. The complainant had tried to contact the opposite parties through phone, but the opposite parties neither attended the call nor made any reply. To the dismay of the complainant, on 04/04/2023 at 11.am. The complainant came to understand that the opposite parties had closed their business and left the place. It is averred by the complainant that she was aged 72 years and her income was very meagre. The act of the opposite parties caused mental agony and hardships to the complainant and also caused financial loss to her. So the complainant prayed for a direction to the opposite parties to refund Rs.1,12,500/- to the complainant with 12.5 % interest from 17/03/2023 till the date of final order. The complainant has demanded another Rs. 50,000/- as compensation for the sufferings of mental agony and hardship. The complainant has also prayed for a direction to the opposite party to pay Rs. 15,000/- as cost of the proceedings.
2. The complaint is admitted on file and issued notices to the opposite parties. The notice sent to the first opposite party is returned by endorsing door locked as on 13/05/2023 and the notice sent to the second opposite party returned as addressee left. The Commission treated both opposite parties as exparte and proceeded the matter with the evidence of the complainant.
3. The complainant filed affidavit and also produced documents. The documents are marked as Ext. A1 and Ext. A2 documents. Ext. A1 document is the copy of daily collection book of chitty subscription issued by the opposite parties in favour of the complainant. Ext. A2 document is the copy of fixed deposit receipt dated 16/03/2022 for Rs.1,00,000/- issued in favour of the complainant by the second opposite party.
4. Heard the complainant in detail. Perused affidavit and documents. There is no
contra evidence from the side of opposite parties. The Commission considered the
following points for adjudicating the matter:-
- Whether the opposite parties have committed deficiency in service towards the complainant.
- Relief and cost.
5. Point No.(i) and (ii):-
It is averred in the complaint that the complainant had subscribed a chitty conducted by the opposite parties and payment was completed without making any default. The complainant has produced Ext. A1 document to show her subscription in the chitty. Ext. A1 document would show that the complainant had subscribed chitty No. DC as chitalan No. 4 for worth Rs. 1,00,000/-. It is also reveal that the chitty commenced from 16/07/2019 and terminated on 16/07/2021. After the completion of chitty period, the complainant had approached the opposite parties for refund of chitty amount. But It is argued by the complainant that the opposite parties did not refund the chitty amount, but proposed to deposit the chitty amount in the FD scheme of the opposite parties. It has come out in evidence that the complainant had made efforts to get back the amount for 8 months after the completion of chitty period. It has also come out in evidence that the complainant was compelled to deposit her chitty amount in a fixed deposit by adding Rs. 5,500/- to reach the quantum of Rs. 1,00,000/- as FD amount. The complainant has produced Ext.A2 document issued by the second opposite party to prove her pleadings in the complaint. Ext. A2 document would show that she had deposited Rs. 1,00,000/- on 16/03/2022 at the rate of 12.5 % interest per annum . It is averred by the complainant that FD period was fixed as one year commencing from 16/03/2022 to 16/03/2023. After the maturity period, the complainant had contacted the opposite party, but she could not get back the amount as the opposite parties had closed their business.
6. In the light of the above findings, the Commission consider that the complainant had lost Rs. 1,00,000/- and assured interest at the rate of 12.5% per annum. The opposite parties have failed to refund entire amount deposited by the complainant. The act of the opposite parties can be considered as deficiency in service. The Commission also consider that the act of the opposite parties have caused mental agony and hardship to the complainant. It is pertinent to note that the complainant is a senior citizen and purely depending on meagre income received as pension from the Government. The Commission find that the opposite parties are liable to compensate the complainant as prayed in the complaint. In the light of the above findings, the Commission allow the complaint in the following manner.
- The opposite parties are directed to refund Rs. 1,12,500/- (Rupees One lakh twelve thousand and five hundred only) as the amount of FD along with interest of 12.5% from 17/03/2023 till the date of this order.
- The opposite parties are directed to pay Rs. 50,000/-(Rupees Fifty thousand only) as compensation for the sufferings of mental agony and hardship resulted due to the act of opposite parties.
- The opposite parties are also directed to pay Rs. 3,000/-(Rupees Three thousand only) as cost of the proceedings.
The opposite parties shall comply this order within 30 days from the date of this orderotherwiseentire amount shall carry12.5% interest per annum from the date of the order till realization.
Dated this 30th day of November, 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 : Document is the copy of daily collection book of chitty subscription issued by
the opposite parties in favour of the complainant.
Ext.A2: Document is the copy of fixed deposit receipt dated 16/03/2022 for
Rs.1,00,000/- issued in favour of the complainant by the second opposite
party
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