By Sri. MOHANDASAN.K, PRESIDENT
1.Complainant in short is as follows: -
The first complainant subscribed chitty 2/2016 of the opposite party with a Salaof Rs. 5,00,000/-. The second complainant was guarantor who produced salarycertificate before the opposite party while auctioned the chitty.
2. The first complainant only liable to remit Rs. 3,00,000/- towards the chitty as balance amount. The first complainant requested the opposite party to inform the entire chitty arrear amount to be paid by the first complainant since she is prepared to remit the entire amount. But the opposite party was not prepared to issue the details of balance amount or to receive the entire balance amount. In addition to that the opposite party said that the husband of the first complainant Mr.Chekkunni K.T, Kottammal, Thanduparakkal-House, Porur-PO has got two chitties with the opposite party and there are arrears from him and on remitting the entire arrears by him only the opposite party is prepared to issue the salary certificate of second opposite party to complainant. The first complainant enquired about the facts and it was learned that the husband of the first complainant has got two chitties with the opposite party and his brother Mr.Unnimammu was guarantor for the chitty and in addition to that he has furnished document of 19 cents land as security. The complainants have no relation with the said chitties. Hence the opposite party is liable to issue the salary certificate furnished by the second complainant to the opposite parties. The husband of the first complainant had furnished security which is worth more than enough of security amount. Thereafter the second complainant approached the opposite party on 04/07/2021 requesting to issue the salary certificate and expressed willingness to remit the entire arrears towards the chitty. But the opposite party did not issue the salary certificate. The opposite party had collected blank signed papers including stamp papers from the complainant at the time of auction of chitty number 2/2016. The opposite party is liable to issue the document to the complainants on payment of entire arrear amount in chitty of the opposite party. The non-issuance of document and non-furnishing of the balance details of chitty amount isunfair trade practice and also there is deficiency in service. Due to the act of the opposite party, the complainant has got inconvenience, hard ship and mental agony. The complainants apprehend that the opposite party has started legal actions against the complainants. The complainants are ready and willing to remit the entire balance amount then and there as the Commission instruct. Hence, the prayer of the complainants is that to inform the complainant, the arrears of the chitty No.2/2016 and also direct the opposite party to receive the arrear amount from the complainants and issue salary certificate to the complainant. The complainants also pray for the release of entire documents submitted while auctioned the chitty and also pray for compensation of Rs. 50,000/-.
3. On admission of the complaint notice was issued to the opposite party and the opposite party entered appearance and filed version.
4. The opposite party denied the averments in the complainant and contented that they are public undertaking establishment working under the control of the government.
5. Both chitties involved in the complaint are referred for revenue recovery proceedings as per RR requisition 2018/6505/10, 2018 /6451/10 dated 19/12/2018. Hence the concerned Deputy Tahsildar (RR) KSFE, opposite Aroma Theatre, Palakkad -1 is a necessary party in the proceedings since the chitty is under the control of the said person and the complainant is liable to remit the amount before the concerned officer and the complaint is defective due to non-joinder of necessary parties.
6. The opposite party denied the averment that the first complainant subscribed chitty No.2/2016 of the opposite party with sala of Rs. 5,00,000/- and at the time of auction the opposite party directed to furnish guarantee of a government employee and accordingly the second complainant was made as guarantee and also produced his salary certificate before the opposite party. The first opposite party subscribed chitty No. 3/2015-6 of Rs. 10,00,000/-. The first complainant auctioned the chitty for Rs. 7,74,000/- on 30/12/2015. The first complainant produced as guarantor one Mr. Unnimammu K.T S/o of Thremathi Kottammal, Thanduparakkal-House , PO-Porur and also produced land document of 19.02 cents comprised in 140/05/6 Porur Village as equitable mortgage. There was no necessity to furnish solvency of government employee. The second complainant never was guarantor of the first complainant and not produced salary certificate for the same.
7. The allegation that the complaint is liable to pay only Rs. 3,00,000/- towards the chitty, that the opposite party did not reveal the exact balance amount to the complainant while approached to remit the entire amount, that the husband of the complainant Chekkunni K.T has got other chitties with opposite party and there is arrears from him to the opposite party and only on clearance of the same the opposite party was willing to return the salary certificate of the second complainant are all in correct and baseless. The balance amount from the side of first complainant towards the chitty is not Rs. 3,00,000/- as stated by the first complainant. The first complainant defaulted the payment after auctioning the chitty and so till 31/08/2021, the first complainant is liable to pay Rs. 7,40,068/-towards chitty No.3/2015-6. The first complainant never approached the opposite party for remitting the arrear amount. The opposite party had requested the complainant to remit the amount duly. At last notice was issued to the surety Mr. Unnimammu stating the arrear amount on 25/05/2017, 14/08/2017, 13/12/2018 respectively. Mr. Unnimammu, the surely had received the notices. Subsequently the government declared some relaxes considering the covid pandemic which includes reduction of 80% interest and then also notice was issued to the parties on 16/07/2020. The complainant had received the notice.
8. The opposite party denied the averment in the complaint that Mr. Unnimmamu furnished solvency while the husband of the first complainant Mr.Chekkunni.K. T auctioned two chitties and furnished 19 cents of land. Mr. Unnimmammu produced documents for the 19.02 cent land as security in the matter of chitty No.3/2015-6 of the first complainant and also chitty No.2/2016-35 for Rs. 7,39,000/- on 27/09/2016 as equitable mortgage. The husband of the first complainant Chekkunni produced salary certificate of the second complainant since the value of the security document was not sufficient to consider as solvency in the matter of chitty subscribed by chekkunni. According to the opposite party the first complainant is liable to remit Rs. 7,40,068/- and her husband is liable to pay Rs. 11,34,863/- till 31/08/2021. The 2ndcomplainant is entitled to get back the salary certificate only on clearance of arrears of the husband of the first complainant.
9. The 2ndcomplainant have no any sort of connection with the first complainant. The opposite party is not liable to release the salary certificate of the second complainant on clearance of liability of the first complainant. The contention of the complainants that, the 2ndcomplainant approached the opposite party expressing willingness to clear the arrears and also demanded for the salary certificate on 04/07/2021 is not correct. Both chitties are referred for revenue recovery procedures. The opposite party also contented that they have not collected blank stamp papers and revenue stamp affixed papers signed by the complainant at the time of chitty auction. The opposite party has not collected any documents as alleged. The revenue recovery procedures are pending and the second complaint is not the surety of the first complainant and the complainants are aware of the arrears but only to harass the opposite party filed this complaint before the Commission. Since there is no latches from the side of opposite party and also there is no deficiency in service, the complaint is liable to be dismissed with cost of the opposite party.
10. The complainants and opposite parties filed affidavit and documents. The document on the side of complainant marked as Ext. A1 to A5. Ext. A1 is copy of notice issued by the opposite party to the Unnimammu dated 13/12/2016 in chitty No. 2-2016-35, Ext. A2 is the copy of notice issued by opposite party to Unnimammu dated 13/12/2018 chitty No.3/2015-6, Ext. A3 is the copy of notice published by opposite party. Ext. A4 is the copy of public notice issued by opposite party dated 29/08/2019. Ext. A5 is the copy of notice issued by the opposite party to Chekkunni.K.T dated 23/02/2017. The document on the side of opposite party marked as Ext. B1 to B7. Ext. B1 is the copy of application form in chitty No.2/2016/guarantor Chekkunni dated 27/09/2016. Ext. B2 is copy of property valuation report /KSFE Wandoor/Chekkunni.K.T subscriber/ Unnimammu mortgager. Ext. B3 is copy of RR sanction orders dated 01/12/2018. Ext. B4 is copy of form 24 / requisition for recovery of amount other than public revenue due on land which is recoverable under the Act/loan account No. 2/2016-35. Ext.B5 is copy of form 24/ loan account No.3/2015-6. Ext. B6 is the copy of letter issued by KSFE limited dated 27/08/2021/Ref.No. SDT/PKD/7978/19-20. Ext.B7 is copy of letter issued by KSFE limited dated 27/08/2021 /Ref.No. SDT /PKD/7979/19-20.
11. Heard complainants and opposite party. Perused affidavit and documents. The following points arise for consideration:
- Whether there is deficiency in service on the part of opposite party?
- Relief and cost.
12.Point No. 1 and 2:-
The case of the first complainant is that, she subscribed chitty No.2 /2016 of the opposite party and the chitty amount was Rs. 5,00,000/-. At the time of chitty auction, the opposite party demanded guarantee of a government employee and accordingly the second complainant produced his salary certificate before the opposite party. The submission of complainant’s is that the opposite party is not furnishing the details of balance of chitty amount despite they were prepared to remit the entire balance amount. The prayer of the complainant’s is to receive the entire arrears from the complainants and to release the salary certificate of the 2ndcomplainant along with all the relevant documents signed and submitted before the opposite party. The complainants further claims compensation of Rs. 50,000/-
13. The opposite party submitted that the first complainant is not subscribed chitty No.2/2016 and the chitty amount of the same is not at all Rs. 5,00,000/- as contended by the complainant. The opposite party further submitted that the second complainant has no connection with the first complainant with respect to chitty of the opposite party. It is also submitted that the second opposite party has not submitted his salary certificate as guarantee of the first complainant. The opposite party further submitted that the first complainant subscribed Chitty No.3/2015 -6 and the chitty amount is Rs. 10,00,000/-. The first complainant auctioned the chitty on 30/12/2015 for Rs. 7,74,000/-. At the time of auction one Unnimammu .K.T. produced a deed of 19.02 cent comprised in Porur village, 140/5/6, as equitable mortgage and the first complainant received the chitty amount from opposite party. The opposite party further contented that the complainant never approached the opposite party stating the willingness to remit the entire arrear amount. It is also submitted that the balance amount from the first complainant as arrear is not 3,00,000/- rupees as stated. But it is Rs. 7,40,068/- up to 31/08/2021 as per chitty No.3/2015-6. The opposite party had issued notice to the surety and despite of receipt of notice no amount has been remitted. Thereafter the government had declared some benefits in favor of defaulters and at that time also notice was issued to the concerned persons. The second complainant produced his salary certificate has guarantee to the chitty of the first complainant’s husband Chekkunni and he is also liable to pay Rs. 11,34,863/-. Hence the submission of the opposite party is that the second complainant is entitled to receive back the salary certificate only on clearing the arrears of Mr.Chekkunni, the husband of the first complainant.
14. The opposite party produced documents in support of the contentions. The document shows that the opposite party has initiated RR proceedings against the first complainant and her husband Sri. Chekkunni. Ext. B3, B4, B5, B6 and B7 substantiate the contention of the opposite parties. Hence it is apparent that the first complainant was not the subscriber of chitty No.2/2016 of the opposite party and the second complainant was not guarantor of the first complainant. None of the documents produced by the complainants supporting the case of the complainant. The complainant miserably failed to establish their case. The complainants approached the Commission suppressing the true facts and so the Commission is not inclined to allow the complaint as prayed. Hence, the complaint stands dismissed.
Dated this 27thday of February, 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.A1to A5
Ext. A1 : Copy of notice issued by the opposite party to the Unnimammu dated
13/12/2016 in chitty No. 2-2016-35.
Ext. A2 : Copy of notice issued by opposite party to Unnimammu dated 13/12/2018
chitty No.3/2015-6.
Ext. A3 : Copy of notice published by opposite party.
Ext. A4 : Copy of public notice issued by opposite party dated 29/08/2019.
Ext. A5 : Copy of notice issued by the opposite party to Chekkunni.K.T dated
23/02/2017.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1 to B7
Ext. B1 : Copy of application form in chitty No.2/2016/guarantor chekkunni dated
27/09/2016 .
Ext. B2: Copy of property valuation report /KSFE Wandoor/Chekkunni.K.T subscriber/
Unnimammu mortgager .
Ext. B3 : Copy of RR sanction orders dated 01/12/2018.
Ext. B4 : Copy of form 24 / requisition for recovery of amount other than public
revenue due on land which is recoverable under the Act/loan account No.
2/2016-35.
Ext.B5 : Copy of form 24/ loan account No.3/2015-6.
Ext. B6 : Copy of letter issued by KSFE limited dated 27/08/2021 /Ref.No. SDT /
PKD/7978/19-20.
Ext.B7 : Copy of letter issued by KSFE limited dated 27/08/2021 /Ref.No. SDT/
PKD/7979/19-20.
