CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 19th day of April 2017
PRESENT : SMT. SHINY.P.R, PRESIDENT Date of filing: 10/01/2017
: SMT. SUMA K.P, MEMBER
: SRI. V.P. ANANTHA NARAYANAN, MEMBER
CC/07/2017
Raji. P
W/o. Murukesan. M
Kamalalayam, Anugraha Colany,
Vennakkara, Pin : 678 004. : Complainant
(By party in person )
Vs
1.The Manager
Shalom Promotional Chits (P) Ltd,
Lumini Grove, : Opposite parties
First Floor, Kunnathurmedu,
Palakkad - 678 004
2. Manickam,.
Staff Agent, Shalom Promotional Chits (P) Ltd.,
Lumini Grove, First Floor, Kunnathurmedu,
Palakkad - 678 004 .
O R D E R
By Sri. V.P.Anantha Narayanan . Member
Brief facts of the Complaint : -
Manickam, a female staff, Shalom Promotional Chits (P) Ltd. came to the house of the complainant and explained to the complainant the benefits of joining their chitty. If within two years Rs. 84,000/- was paid at the rate of Rs.4,000/- per month, on the expiry of the period of the chitty within one week Rs. 95,000/- would be paid to the complainant through her bank account. Also, after six months, if necessary, chits can be called- these were informed to the complainant. Accordingly, the complainant paid the first installment of the chit of Rs. 2,000/- on 31/03/2014. Since the 1st installment was Rs. 4,000/- , it was informed by the female staff to the complainant that from April onwards, it can be considered and if installments were defaulted for over 3 months, chit would be cancelled- this was also informed to the complainant. The complainant took care not to make default of more than two installments. Defaulted installments were regularized by the complainant by paying more amounts in subsequent months. When financial problems occurred, complainant requested the above female staff to pay her by calling the chit, but the complainant was informed that now calling chit would be a loss to her . In this way, the complainant was discouraged from calling chits. In the beginning, the chit No. was D11, by November the chit number was changed to D13. When this was enquired about, complainant was informed that because of default of installments this occurred. Although, there were many financial difficulties to the complainant, the complainant did not make default of more than two installments . On 08/4/2016, the last installment of Rs. 4,500/- was paid and the complainant had paid totally Rs. 84,500/-. The opposite parties demanded from the complainant copies of her identity card, signed cheque leaves, identity cards and cheque leaves of two witnesses and photo . After two weeks, they returned the same. After contacting them constantly over telephone, on 16/06/16, Cheque No:289996 for Rs. 82,000/-, payable to her account in Syndicate Bank was given to the complainant . The balance of Rs. 13,000/- was told by Manickam to be paid within two weeks. Even after the passage of many months the balance amount was not received. The complainant with her child and her friend went to the 1st opposite party’s office at Kunnathurmedu many times . When complained to the 1st opposite party , the complainant was asked to talk to Manickam and he could not interfere in this matter. Even after the expiry of the period of the chit many months passed and the complainant did not get justice from the side of the opposite parties. Under this circumstance, the complainant was forced to file a complaint in the Hon’ ble Consumer Disputes Redressal Forum, Palakkad. Considering the financial and mental difficulties faced by the complainant, the complainant prays to the Hon’ ble Forum to recover Rs.25,000/-from the opposite parties which she is entitled to receive as compensation and litigation expenses .
The complaint was admitted and notices were issued to opposite parties 1&2 . Although notices were served on opposite parties 1 & 2,their names called absent and hence opposite parties 1 & 2 were set exparte . Complainant filed chief affidavit and documents marked as Exts. A1 to A3.
From the side of the opposite parties no documents were filed.
The following issues are to be considered in this case.
- Whether there is any deficiency in service and/or unfair trade practice
from the side of opposite parties?
2. If so, what is the relief and cost?
ISSUES 1 & 2
In this case, the complainant paid on 31/03/2014 to Shalom Promotional Chits(P) Ltd., on chit No:D11 the first installment of Rs. 2,000/- through their agent Manickam (2nd opposite party). The complainant was informed that she would be paid a cheque for Rs.95,000/-(Rupees Ninety five thousand only) one week after the completion of the chit period, if installments were paid without default for more than three months. The complainant had paid the first chit installment after going to 1st opposite party’s office at Nurani and understanding matters from the Manager (1st opposite party). The complainant had paid Rs.84,500/-(Rupees eighty four thousand five hundred only)during 31/03/2014 to 08/4/2016 demanded by them without defaulting for more than two months. Even after completion of the chit period, the opposite parties could not pay a cheque for Rs.95,000/-to the complainant, as promised by the opposite parties. The payments made by complainant to opposite parties were evidenced by Ext.A1. Photographs of two sureties and other proofs were marked as Ext.A2, and pronote was marked as Ext.A3.
After two months in June 2016, a cheque for Rs.82,000/-(Rupees eighty two thousand only) was paid to the complainant. The balance amount was not paid so far, even after complaining to 1st opposite party several times. Hence this complaint to the Hon’ble Forum praying for compensation of Rs.25,000/-(Rupees twenty five thousand only)for mental agony suffered and litigation expenses incurred by the complainant .
From the above, we observe that the complainant has paid without default of more than two months all the installments on her chit Nos. D11&D13 between 31/03/2014 to 08/04/2016, totalling Rs. 84,500/- (Rupees eighty four thousand five hundred only). Even then, on the expiry of the period of the chitty, which complainant was subscribing for, the opposite parties 1&2 were not able to give the complainant the promised amount of Rs.95,000/-(Rupees ninety five thousand only) and only after repeated contacts the opposite parties paid the complainant Rs.82,000/-(Rupees eighty two thousand only)by way of cheque payable to her account in Syndicate Bank. Hence we view that there occurred delay in payment and hence deficiency of service on the part of opposite parties. Further, the opposite parties have failed to pay the balance amount of Rs.13,000/- (Rupees thirteen thousand only)to the complainant so far which amounts to unfair trade practice on the part of opposite parties .
After considering the above, the complaint is allowed.
Therefore the opposite parities are directed jointly and severally to pay Rs. 13,000/- (Rupees Thirteen thousand only), being the balance amount payable to the complainant subscriber of the said chitty immediately; further opposite parties are also directed jointly and severally to pay to the complainant Rs.3,000/-(Rupees three thousand only)by way of compensation for mental agony suffered by the complainant and Rs.2,000/- (Rupees two thousand only) towards litigation expenses incurred by her.
This Order shall be executed within one month from the date of receipt of this order; failing which interest @ 9% per annum should also be paid to the complainant from the date of the order till realization.
Pronounced in the open court on this the 19th day of April 2017.
Sd/-
Shiny.P.R
President
Sd/-
Suma. K.P
Member
Sd/-
V.P.Anantha Narayanan Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext.A1- Pass Book issued by Shalom Promotional Chits (P) Ltd.
Ext.A2- Guarantor No. 1 – Identity card with photos
Ext.A3- Promissory Note .
Exhibits marked on the side of opposite parties
Nil
Witness marked on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost Allowed
Rs.2,000/- as cost.
