By Sri. K. Gheevarghese, President:<br /> <br /> <br /> Complaint filed under section 12 of the Consumer Protection Act.<br /> <br /> <br /> The Complainant is a chitty subscriber of the Opposite Party numbered 92 A/0074/PAr with ticket No.4 of Rs.10,000/-. On 07.05.2003 the Opposite Party gave Rs.7,500/- to the Complainant. At the time of giving the chitty amount the Opposite Party collected from the complainant as a security one endorsed blank cheque and a blank promissory note from the Complainant. More over one stamp paper in the value of Rs.50/- signed by the Complainant was also given. On 25.05.2004 upon equiry by the Complainant the Opposite Party informed that towards the closing of the chitty payment the Complainant has to remit Rs.3,000/- and on the same day the Complainant remitted Rs.3,000/-. On the very same day of closing the chitty payment the Complainant demanded the return of a blank cheque, Promissory note, blank stamp paper and other blank papers which were signed and given to the Opposite Party. Where as the<br /> (Contd......2)<br /> - 2 -<br /> Opposite Party stated that the documents received by them are sent to head office. It is further asserted that in course of receiving the documents from head office it will be given back to the Complainant. Later the Complainant received a lawyer notice dated 25.12.2005 in which it is demanded the payment of Rs.1,815/- along with interest Rs.480/-. A reply notice was sent to the Opposite Party stating that the entire chitty amount is remitted by the Complainant. On 03.02.2006 the Opposite Party sent a lawyer notice towards the dishonour of the cheque of Rs.1,815/-. The Complainant was highly tormented in the illegal and unreasonable proceedings of the Opposite Party. In order to get free from litigation, the Complainant sent the demand draft of Rs.1,815/- to Opposite Party. The Opposite Party act is absolutely a deficiency in service. There may be an order directing the Opposite Party to give back the Complainant Rs.1,815/- <br /> collected in excess along with the documents which are in custody of Opposite Parties.<br /> <br /> The Opposite Party filed version on their appearance. The averment in the complaint that the Complainant is a subscriber of chitty of Rs. 10,000/- is admitted. The subscriber Complainant is a defaulter in the payment of chitty installment after receiving the chitty amount. When the Complainant was issued the chitty amount as a security no blank cheque or any document in that respect was received by the Opposite Party. The defaulter subscriber was informed to clear the liability. On 10.06.2004 as per the demand of the Opposite Party the Complainant remitted Rs. 3,000/- at the Opposite party's Office and for the balance payment requested a period of two months. The Complainant has not paid balance amount till it is demanded by the Opposite Party in sending a lawyer notice. On 10.1.2006 after receiving the lawyer notice the Complainant issued to the Opposite Party a cheque of Rs.1,815/- which was later dishonoured on presenting the drawers bank. The Opposite Party was instigated to adjudicate the matter of dishonoured cheque and subsequently the Complainant cleared the<br /> (Contd....... 3)<br /> <br /> - 3 - <br /> liability on payment. There is no deficiency in service in the dealing of the Opposite Party. The complaint is filed on baseless ground and it is to be dismissed with cost to the Opposite Party.<br /> <br /> The points that are to be considered.<br /> 1.Is there any deficiency in service in the dealing of Opposite Party?.<br /> 2.Relief and cost. <br /> <br /> Point No.1:<br /> The Complainant is examined as PW1. The Opposite Party is examined as OPW1. As a subscriber Complainant received Rs. 7,500/- as the chitty amount on 07.05.2003. The dispute avered in the complaint mainly on two aspects. An excess amount of Rs.1,815/- was received <br /> from the Complainant in order to close the liability of the chitty. The other aspect is that as a security, the Opposite Party Party collected from the Complainant the endorsed blank<br /> cheque, stamp paper of worth Rs. 50/- which is also signed and blank and some other papers blank and signed. Apart from the allegation of the Complainant the documents which are said to be in possession of the Opposite Party is not evidently proved. The Complainant paid Rs.3,000/- on 10.06.2004. The total payment made by the Complainant as per Ext.C1 is Rs.8,665/-. No statement or any document is produced to establish that by the payment of Rs.3,000/- the liability of the Complainant is closed. On examination the Complainant further asserted that the receipt of payment Rs.8,950/- is given by the Opposite Party. The Complainant produced the photo copy of the cheque Rs.1,815/- which is the Ext.A8. The total payment made by the Complainant according to Ext.C1 is Rs.10,426/-. It is not brought out in evidence that whether the Complainant cleared the liability at the time of payment of Rs.3,000/- on 10.6.2004. Ext.B1 is the closing statement of accounts. The Complainant has not obtained the statement of account closed. The Complainant gave the Opposite Party the cheque of Rs.1,815/-<br /> (Contd.......4)<br /> <br /> - 4 -<br /> drawn by the Complaint. More over in demand of the due amount from the Complainant by the Opposite Party the Complainant has given Rs.1,815/- as Demand Draft without opting for adjudicating the dispute. The inferences are drawn from the above cannot substantiate that the Opposite Party collected an excess amount of Rs.1,815/- from the Complainant and no documents were received as security. There is no deficiency in service in the dealing of the Opposite Party with the Complainant.<br /> <br /> Point No.2:<br /> The Complainant did not bring forth in evidence that the Opposite Party's dealing has the deficiency in service. Being the point No.1 is found not in favour of the Complainant, detail discussion of the point No.2 is not required.<br /> <br /> In the result, the complaint is dismissed without any cost.<br /> <br /> <br /> Pronounced in open Forum on this the 9th day of April 2008.<br /> <br /> <br /> PRESIDENT: Sd/-<br /> <br /> MEMBER: Sd/-<br /> <br /> /True Copy/<br /> <br /> <br /> PRESIDENT, CDRF, WAYANAD.<br /> <br /> <br /> <br /> APPENDIX<br /> <br /> Witnesses for the Complainant:<br /> <br /> PW1. Benny. Complainant.<br /> <br /> Witnesses for the Opposite Party:<br /> <br /> OPW1. Ramesh. Manager, Gokulam chit.<br /> (Contd.......5)<br /> <br /> - 5 -<br /> <br /> Exhibits for the Complainant:<br /> <br /> A1. Pass Book. <br /> A2. Receipt. dt:25.05.2004.<br /> A3. Notice. dt:28.12.2005.<br /> A4. Copy of the Reply notice. dt:20.01.2006.<br /> A5. Acknowledgement <br /> A6. Reply notice. dt:27.01.2006.<br /> A7. Lawyer notice. dt:03.02.2006.<br /> A8. Photo copy of the DD. dt:08.02.2006.<br /> A9. Copy of the letter. dt:08.02.2006<br /> A10. Postal Receipt. dt:08.02.2006. <br /> A11. Acknowledgement. <br /> <br /> <br /> C1. (6 sheets) Copy of the Statement. <br /> <br /> <br /> Exhibits for the Opposite Party:<br /> <br /> B1. 77th Page of the Pass Book.<br /> (Closing Statement of Accounts).<br /> <br /> <br /> <br /> <br /> PRESIDENT, CDRF, WAYANAD.<br /> <br /> <br /> <br /> Compared by:<br /> <br /> <br /> M/