CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 15^th   day of June, 2017

PRESENT  : SMT. SHINY.P.R, PRESIDENT                        Date of filing:18/11/2016

                         : SMT.SUMA K.P, MEMBER                

                  : SRI.V.P.ANANTHA NARAYANAN, MEMBER

CC/179/2016

           NoorMuhammed,

           S/o.Rahman Rawther,

           Karingarapulli,

           Kadamkode,Palakkad.                                                                     : Complainant

           (By Adv.N.Rajesh)                                            

                                                                           Vs

1. Managing Director,

Thottathil Chits India,

            Manapullikkavu,                                                                                : Opposite parties

Palakkad-678 013,Palakkad, Kerala.

(By Adv.P.Sreeprakash)

2. Thulasidharan,

Agent, Thottathil Chits India,

Palakkad-678 013,Palakkad, Kerala.

(By Adv.P.Sreeprakash)                                                                                                                                                                                           

O R D E R

By Sri.V.P.Anantha Narayanan, Member

          Brief facts of the complaint. 

          The complainant joined IA 51/16/60 numbered chitty with Sala of Rs.1,00,000/- conducted by the 1^st opposite party.  The customer ID No. of the said chitty was 928.  The complainant paid Rs.1000/-per week on the above chitty from 05/01/2016 to 16/07/2016.  The agent of the 1^st opposite party’s company(opposite party 2)assured the complainant at the time of the latter joining the chitty that if the complainant paid the amount on the chitty for six months continuously without default, he could call Rs.1,00,000/-“narukku”.  On the basis of this assurance from the part of 2^nd opposite party complainant joined the chitty.  Based on the opposite parties’ assurance, the chitty amount was paid regularly; but when he went to 1^st opposite party’s chitty company for calling “narukku” in the eight month, he was not permitted to call the “narukku” and consequently complainant was given a cheque dated 19/08/2016 for Rs.27,550/-.  Actually complainant joined the “narukku” for his livelihood by starting a tiny shop known as”pettikkada” producing oil snack items at Kadamkode.  But he could not do so and suffered financial loss because of the act of the opposite parties.  The complainant sent to 1^st

opposite party a lawyer notice  on 01/09/2016 and after receiving that notice, a reply notice stating false facts was sent by the 1^st opposite party through his counsel.  The complainant pleads that those mentioned in the reply notice that after paying Rs.27,550/-, amount cannot be remitted in the “kuri” and the “kuri”, cancellation letter of consent was signed and given were quite false.  Actually, the complainant experienced delay in starting the proposed trading activity and after taking a loan which carried high rate of interest, it had to be started by the complainant.  Hence, complainant suffered huge financial loss and great mental agony.  According to the complainant, deficiency of service happened on the part of opposite parties. 

Hence, the complainant prays to the Hon’ble Forum to pass orders asking the opposite parties to pay to the complainant Rs.50,000/-towards financial loss suffered by him and Rs.10,000/-by way of mental agony undergone by the complainant.

The complaint was admitted and notices were issued to opposite parties 1&2.  Although,from the side of opposite parties vakalaths were filed, the opposite parties did not file their versions.

Complainant filed chief affidavit but opposite parties 1&2 did not file their respective versions .  From the side of the complainant Exts.A1-A3 were marked.

In this case the following issues are considered:

1. Whether there is deficiency in service from  the part of opposite parties 1&2 ?
2. If so, what is the relief?

Issues 1&2

          In this case complainant joined Rs.1,00,000/-chitty being conducted by opposite party 1 company.  He had paid Rs.1,000/-per week from 05/01/2016 to 16/07/2016 as per Ext.A3.  Allegation of the complainant is that when he went to 1^st opposite party’s office for calling eighth  month “narukku”, the complainant was not allowed to call “narukku” and was paid a cheque for Rs.27,550/- dated 19/08/2016.  As a result he could not expand his small shop at Kadamkode and suffered financial loss .  The complainant also pleads that because of the delay in starting his trading activity he had to take a loan at an exorbitant rate of interest and consequently he had to suffer huge financial loss and extreme mental agony. 

The opposite parties did not file their versions and adduce evidence, the evidence tendered by the complainant stands unchallenged.

In the light of the above the complaint is allowed.

We order 1^st and 2^nd Opposite parties to be jointly and severally liable to pay to the complainant a compensation of  Rs.5,000/-(Rupees five thousand only) for mental agony suffered by the complainant and Rs.2,000/-(Rupees two thousand only) towards litigation expenses met by the complainant.

This  Order shall be executed within a period of one month from the date of receipt of the order; failing which  interest @ 9% per annum on the total amount due should also be paid to the complainant from the date of the order till realization. 

Pronounced in the open court on this the 15^th day of June 2017.

                                                                                                                                                                                                                                                                                                                                                              Sd/-

                                                                                                                                          Shiny. P.R

                                                                                                          President

              Sd/-

                                                                                              Suma. K.P                                                                                                                             Member 

                                                                                                                            Sd/-

                                                                                      V.P.Anantha Narayanan                                                                                                    Member