IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 14th day of August, 2013.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C.No. 57/2013 (Filed on 03.05.2013)
Between:
George Jacob,
Iruppackal Veedu,
Kumpanadu. P.O.,
Thiruvalla – 689 547. …. Complainant
And:
1. Manager,
KSFE Ltd.,
Puramattom Branch,
Thiruvalla.
2. Chief Manager,
KSFE, Bhadratha,
P.B.No. 510,
Thrissur – 680 020.
(By Adv. Lalu John) …. Opposite parties
O R D E R
Smt. K.P. Padmasree (Member):
Complainant approached this Forum for getting a relief against the opposite parties.
2. Brief facts of the case is as follows: Complainant is an auto rikshaw driver by profession. During January 2008 1st opposite party’s officials approached the complainant and he was persuaded to subscribe a chitty of the 1st opposite party having sala of Rs.50,000/- with monthly instalment of Rs.1,000/- and the complainant agreed and paid the first instalment. At that time they promised that the prize money will be disbursed without any surety and told that self bond is enough for getting the prize money. Complainant remitted second instalment of the chitty and a draw was conducted on that day and the chitty was prized to the complainant for Rs.35,000/-. Thereafter for releasing the prize money, 1st opposite party demanded the complainant to furnish two sureties having government job with their salary certificates. Since the complainant failed to give surety the prize amount was not disbursed to the complainant. Complainant so far remitted Rs. 1750/- in the chitty. At the time of auction and draw, opposite parties obtained signed blank papers from the complainant. While so, on 20.04.2013 opposite party sent a notice to the complainant stating that there is a dues of 8 instalments in the said chitty transaction and it is to be remitted within 7 days, otherwise action will be taken against the complainant. The period of the chitty ended on 09.02.2012.
3. According to the complainant, the above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to him. Hence they are liable to compensate him adequately. Hence this complaint.
4. Opposite parties entered appearance and filed version with the following contentions. Opposite parties admitted that the complainant subscribed chitty as a chital in chitty No.1/08 having a sala of Rs.50,000/-. He joined in the said chitty on 24.01.2008 by signing Thalavariyola at the office of 1st opposite party. The chitty was prized to the complainant by a draw conducted on 11.02.2008. But the prize amount was not disbursed to the complainant as he fails to furnish sufficient security.
5. The complainant remitted only two instalments and he failed to remit the remaining instalments and opposite parties deducted the monthly instalments from the prize money that was kept with the opposite parties. The prize amount along with 5.5% interest was calculated and the said amount was only sufficient to remit the instalments up to 42. The total instalments of the chitty was 50 and the complainant was liable to pay 8 more instalments and he failed to remit the same in time. Hence he is liable to pay 8 instalments that will have a total amount of Rs.8,000/- plus 14% interest. Complainant is liable to pay the entire instalments as per Clause 16(A)&(B) of Thalavariyola. Opposite party is having the right to realize further instalments along with cost and interest from the defaulters. If any surplus is with the opposite parties after realizing the instalments and interest dues opposite parties is having the liability to pay off the same to the subscriber. The subscriber or his nominee is having the right to realize the prize money after deducting the instalment till the date of disbursement of the amount from the company and its assets. Opposite parties never enrolled any person as a chital by giving assurance that prize money will be disbursed on executing self bond. Opposite party never obtained blank signed paper from the complainant. The complainant signed only in the Thalavariyola and in the minutes of the proceedings of the auction conducted on 11.02.2008. There is no deficiency in service from the part of opposite parties. After the issuance of notice by the opposite parties demanding to pay the dues amount with interest, the complainant made this complaint only on experimental basis for escaping from his liabilities. Complainant is liable to pay an amount of Rs.8,000/- with 14% interest to the opposite parties. Hence opposite parties prays for the dismissal of the complaint with their cost.
6. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?
7. The evidence of this complaint consists of the oral testimony of PW1, DW1 and Ext.A1 to A5 and Ext.B1 and B2. After closure of evidence, both sides were heard.
8. The Point:- Complainant’s allegation is that opposite parties compelled him to subscribe a chitty conducted by them having sala of Rs.50,000/-. All the time of joining they assured that chitty amount will be disbursed on self security if auctioned in his name. Complainant remitted two instalments and in a chitty draw conducted in the 2nd instalment chitty was prized to the complainant for Rs.35,000/-. But for disbursing the chitty amount, opposite parties demanded to furnish two sureties having government job. Complainant failed to give surety. Prize amount was not disbursed to the complainant. While so, on 20.04.2013 opposite party sent notice to the complainant stating that there is dues of 8 instalments in the chitty and it is to be remitted within 7 days, otherwise action will be taken against the complainant. The complainant is not liable to pay any amount and the act of the opposite parties is clear deficiency in service.
9. In order to prove the complainant’s case, complainant adduced oral evidence as PW1 and produced 3 documents which are marked as Ext.A1 to A5. Ext.A1 is the chitty passbook issued by opposite parties in the name of the complainant. Ext.A2 and A3 are the chalan for the remittance of 2 instalments. Ext. A4 is the notice sent by opposite parties in the name of the complainant on 17.04.2013. Ext.A5 is the copy of the reply notice sent by complainant to the opposite parties on 24.04.2013.
10. On the other hand, the contention of the opposite party is that the prize money was not disbursed to the complainant as he fails to furnish sufficient security. Complainant remitted only two instalments of the chitty and the opposite parties deducted the monthly instalments from the prize money kept with them. Total instalment of the chitty was 50, and the prize amount was only sufficient to remit 42 instalments. Complainant is liable to pay 8 instalments as per the Thalavariyola. Otherwise, opposite party is having the right to realize instalment dues along with cost and interest from the complainant. Hence there is no deficiency in service from the opposite parties.
11. In order to prove the contentions of the opposite party, the 1st opposite party filed a proof affidavit in lieu of his chief examination along with 2 documents. On the basis of the proof affidavit, opposite party was examined as DW1. The documents produced were marked through the complainant while his cross-examination. Ext.B1 is the ‘variyola’ signed by the complainant. Ext.B2 is the minutes of the auction proceedings of the chitty conducted on 11.02.2008.
12. On the basis of the contentions and arguments of the parties, we have perused the entire materials on record and found that the only dispute between the parties is with regard to the remaining dues of 8 instalments. In the light of the rival contentions of the parties, we have also examined the exhibits produced and marked. As far as considering a chitty transaction, ‘variyola’ is the most important document which is produced and marked as Ext.B1 which is signed by the complainant, which is printed in Malayalam. As per the terms of ‘variyola’ opposite parties have the right to collect the dues from the defaulters. Here complainant is a defaulter as he had not remitted any instalments other than the 1st and 2nd instalments and hence he is liable to remit the balance dues. Hence we find there is no deficiency in service from the part of opposite parties. Therefore this complaint is not allowable.
13. However, considering the complainant’s ignorance and poor living conditions opposite parties are at liberty to waive the complainant’s dues fully or partly as the opposite party is a public undertaking.
14. With the above observation, this complaint is dismissed. No cost.
Declared in the Open Forum on this the 14th day of August, 2013.
(Sd/-)
K.P. Padmasree,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : George Jacob
Exhibits marked on the side of the complainant:
A1 : Chitty passbook issued by opposite parties in the name of
the complainant.
A2 : Chalan for remittance dated 24.01.2008 for Rs. 1,000/-
issued by the 1st opposite party in the name of the
complainant.
A3 : Chalan for remittance dated 05.02.2008 for Rs. 780/-
issued by the 1st opposite party in the name of the
complainant.
A4 : Notice dated 17.04.2013 sent by 1st opposite party in the
name of the complainant.
A5 : Photocopy of the reply notice dated 24.04.2013 sent by
complainant to 1st opposite party.
Witness examined on the side of the opposite parties:
DW1 : Jessy Joseph
Exhibits marked on the side of the opposite parties:
B1 : ‘Variyola’ signed by the complainant.
B2 : Minutes of the auction proceedings of the chitty conducted
on 11.02.2008.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) George Jacob, Iruppackal Veedu, Kumpanadu. P.O.,
Thiruvalla – 689 547.
(2) Manager, KSFE Ltd., Puramattom Branch, Thiruvalla.
(3) Chief Manager, KSFE, Bhadratha, P.B.No. 510,
Thrissur – 680 020.
(4) The Stock File.
