By Sri. MOHANDASAN.K, PRESIDENT
1.The complaint in short is as follows: -
The complainant subscribed the opposite party chitty on 28/04/2012 and the chitty was for Rs. 15,00,000/-. He regularly made payment in every month from 28/04/2012 up to 05/12/2014. He remitted an amount of Rs.2,24,000/- till 05/12/2014. The complainant bid the chitty for Rs. 9,00,000/- on 05/12/2014. The complainant furnished security documents and approached the opposite party on13/01/2015 for the chitty amount. At that time the opposite party stated that the 40 cents of land furnished as security is not having proper way and so the security was not accepted by the opposite party. The complainant had produced tax receipt, possession certificate and encumbrance certificate of the property. The act of the opposite party was wilfully evading the complainant from payment of chitty amount. On 13/01/2015 the complainant had remitted chitty instalments of Rs. 8445/- after the auction of chitty.
2. The opposite party failed to comply the terms and conditions of the chitty. Hence the complainant requested to refund the instalments already remitted before the opposite party, but the opposite party did not release the amount.
3. In 2017 December the complainant approached opposite party demanding refund of the amount, but the staff of the opposite party ill treated the complainant which resulted mental agony and hardships to the complainant. Due to the act of the opposite party the complainant suffered huge financial loss also. Hence the complainant alleges deficiency in service and unfair trade practice on the part of opposite party.
4. The prayer of the complainant is to refund the paid amount along with 9% interest and compensation for Rs. 2,00,000/- and also cost.
5. On admission of the complaint notice was issued to the opposite party and opposite party entered appearance and filed version in detail.
6. The opposite party submitted that the complaint is not maintainable under
Consumer Protection Act and to be dismissed with cost. The opposite party denied that
the complainant subscribed chitty on 28/04/2012 for Rs. 15,00,000/- and he was making regular monthly payment. The opposite party denied that the complainant had remitted Rs.2,24,000/-from 28/04/2012 to 05/12/2014. The opposite party submitted that the complainant had auctioned the chitty for Rs. 6,00,000/-reducing Rs.9,00,000/- on 05/12/2014. The contention of the complaint that he auctioned the chitty for Rs. 9,00,000/- is false one. The opposite party also denied that the complainant had remitted Rs.2,32,445/-, but the complainant had remitted only Rs. 2,27,775/- .
7. The opposite party had informed the complainant that the property which is situated in Thuvvur Village in Nilambur Taluk, block No.149, Re.Survey No. 153/1 as per document No. 2264/13 was not a sufficient security for the chitty since the property was not having proper transporting access . The opposite party submitted that the facts regarding the security property were properly explained to the complainant that the property does not have proper way and there was a “Thode” on the western side of the property as per the revenue records. It is also denied that property worth more than Rs.9,00,000/-. The denial of the security was not at all to cause any harassment to the complainant. The opposite party denied the allegation that the opposite party did not comply the assurance and prolonged the matter by not refunding despite repeated request from the side of complainant. The opposite party also stated that there was no incident in December 2017 as contented by the complainant from the side of opposite party staff. The opposite party also denied the allegation of the complainant that the act of the opposite party caused mental agony and hardships to the complainant. The opposite party’s staff just tried to convince the complainant regarding the terms and conditions of the chitty. There is no deficiency or negligence on the part of the opposite party and the opposite party is not liable to pay any compensation as claimed by the complainant and the complainant is not entitled for the remitted amount along with 9 % interest.
8. The complainant auctioned ST 813 Number chitty and at that time the future liability was Rs. 13,05,000/- and the complainant could not furnish sufficient security towards the future liability and the security furnished was not at all sufficient security as claimed by the complainant. The opposite party submit that as per the location site plan issued by the Village office, Thuvvur does not reveal road access to the property. The eastern boundary of property belongs to one Ummulaima, northern boundary belongs to one Sulaikha, western side is a Thod” and southern side belongs to Murunakodan Muhammed and his family members. The opposite party refused to accept the security property just because there was no road accesses and also there was no market value to meet the future liability. The complainant has not remitted any amount towards the chitty from 13/01/2015. Hence the opposite party pray for the dismissal of the complaint with cost and compensation.
9. The complainant and opposite party filed affidavit and documents. Complainant
has not filed any documents. The document filed by the opposite party marked as Ext.B1 to B4. Ext.B1 is a copy of application for ticket dated 24/04/2012. Ext.B2 is copy of authorisation letter issued by complainant to the opposite party on 05/12/2014.
Ext.B3 is copy of security petition along with documents. Ext. B4 is Passbook regarding Byelaw.
10. Heard complainant 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.
11.Point No.1 & 2:-
There is no dispute regarding that the complainant subscribed the chitty of the opposite party and also paid some instalments towards the chitty. The complainant submits that, he auctioned the chitty for Rs. 9,00,000/-, but the opposite party submit that the complainant bid the chitty deducting an amount of Rs. 9,00,000/-. The complainant has not produced any document to show regarding the exact amount for which he bid the chitty. But the document produced by the opposite party Ext.B2 shows the auction discount amount as Rs. 9,00,000/-. Apart from that the dispute between the complainant and opposite party is that whether the document furnished as security for the future liability was sufficient or not. The opposite party not accepted the contention of the complainant and rejected the security document. The document produced by the opposite party Ext.B2 shows the auction discount amount as Rs. 9,00,000/-. Apart from that the dispute between the complainant and opposite party is that the document furnished as security for the future liability was sufficient and the opposite party not accepting the contention of the complainant and rejected the security document. According to them, the future liability is Rs.13,05,000/- and for that the security property is not sufficient one. The opposite party rejected the document submitted as security stating that there is no road access to the property and has stated the four boundaries of the security property, which do not reveal road access as claimed by the complainant. There is no valuation certificate regarding the property furnished as security. In such a situation it will not be proper to direct the opposite party to release the chitty amount accepting the security document. There is no deficiency in service on the part of the opposite party in denial of releasing the bid amount. The claim of the complaint is to release the remitted amount with 9% interest till the date of release. But it can be seen that the opposite party conducting the chitty as per byelaw evident from Ext.B4. Now the question is as per byelaw whether the complainant is entitled to get refund of the remitted chitty amount in case of default after bid of the auction proceedings. The complaint is entitled whatever in accordance with terms of Ext. B4.
12. In the light of above facts and circumstances we do not find any merit in the complaint and the right of the complainant is subject to the terms and conditions of Ext. B4 and opposite party is liable to comply the terms and conditions and also liable to pay to the complainant whatever he is entitled as per Ext. B4 without fail. With the above observation the complaint stands dismissed.
Dated this 26thday of August , 2022.
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 : Nil
Witness examined on the side of the opposite party :Nil
Documents marked on the side of the opposite party : Ext. B1 to B4.
Ext.B1 : Copy of application for ticket dated 24/04/2012.
Ext.B2 : Copy of authorisation letter issued by complainant to the opposite party on
05/12/2014.
Ext.B3 : Copy of security petition along with documents.
Ext.B4 : Pass book regarding Byelaw.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
