BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> <br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> <br /> O.P.No. 471/2004 Filed on 23/12/2004<br /> Dated : 29.03.2008<br /> Complainant :<br /> <br /> K. Pushpakaran, Mani Bhavan, Mannamkonam P.O, Neyyattinkara.<br /> <br /> (By adv. Sri. Malloor S. Mohanlal)<br /> <br /> Opposite parties :<br /> <br /> 1.P. Ramachandran Nair, Deepa Bhavan, Thettiyara, Mannamkonam P.O, Neyyattinkara.<br /> <br /> 2.Vasantha, W/o Ramachandran Nair, Deepa Bhavan, Thettiyara, Mannamkonam P.O, Neyyattinkara.<br /> <br /> This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 25.05.2005, the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 10..03..2008, the Forum on 29..03..2008 delivered the following:<br /> <br /> ORDER <br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> The complaint is filed for directing opposite parties to deposit the original chitty amount of Rs. 25000/- or in alternate to pay a sum of Rs. 11947.90 with 18% interest to the complainant. Further relief sought for is for awarding a compensation of Rs. 20000/- and also for awarding cost. <br /> 2. It is stated in the complaint as follows : The 1st opposite party is the owner of Deepa Chitty fund. The 2nd opposite party is the wife and collection agent of the 1st opposite party. 1st opposite party conducted a chitty for Rs. 25,000/-. Complainant was a member of the said chitty. The chitty amount was payable in 40 monthly instalments of Rs. 625/- each. The complainant has paid 30 instalment till 05.01.2003. The total amount paid by the complainant comes to Rs. 11947.90. After the said remittance by the complainant, opposite parties did not collect the remaining instalment amounts from the complainant. At the time of joining in the said chitty, opposite party promised the complainant that, the complainant would be given the 31st chitty. It is on the strength of the said promise, complainant joined in the chitty and paid 30 instalments. Complainant requested the 1st opposite party to release the chitty amount. Even after repeated requests opposite parties neither paid the chitty amount nor collected the balance instalments of the said chitty. The opposite parties' attitude is clearly a deficiency in service which is to be compensated. Hence this complaint is filed to get an order directing opposite parties to pay or deposit a sum of Rs. 25,000/- as chitty amount to the complainant or in alternate to pay Rs. 11947.90, the instalment amount remitted and other reliefs including compensation and cost. <br /> 3. Opposite parties remain exparte. Version not filed.<br /> 4. The points that would arise for consideration are :-<br /> (i)Whether there is deficiency in service on the part of opposite parties?<br /> (ii)Reliefs and costs.<br /> 5. On the part of complainant proof affidavit of PW1 filed. Exts. P1 to P6 marked. <br /> 6. Points (i) and (ii) :- First point requiring consideration is whether there is deficiency in service on the part of opposite parties. It is deposed by PW1 on affidavit that 1st opposite party is the owner of Deepa Chitty fund and 2nd opposite party is the wife and collection agent of 1st opposite party. 1st opposite party conducted a chitty for Rs. 25,000/-. Complainant is a member of chit fund. Ext. P1 is the photocopy of thirty receipts showing that PW1 has remitted 30 monthly instalments. The total value of chit deposited during the period of 30 months was Rs. 11947.90. The chit collection commenced on 05.08.2000. The 30th instalment remitted on 05.01.2003. As per Ext. P1, the name of the member of Chit Fund is Maniyan, but the complainant's name in the complaint has been Pushkaran. Even in proof affidavit filed by the complainant, the name of complainant is stated as Pushkaran. Ext. P2 is a copy of advocate notice issued to opposite parties. In Ext. P2 notice, complainant's name has been stated as Pushkaran alias Maniyan. Complainant never made any attempt to correct the name of the complainant as Pushkaran alias Maniyan in complaint. As per proof affidavit filed by PW1, it has been stated that after the completion of 30 instalments neither the 1st opposite party nor the 2nd opposite party collected chit instalment amount from him. It is further stated in the affidavit that opposite parties promised PW1 that on completion of 30th instalment, the chit amount of Rs. 25,000/- would be given to the complainant, but after 30th instalments opposite parties wilfully avoided payment of chit amount of Rs. 25,000/-. Even opposite parties wilfully and deliberately avoided the receipt of Ext. P2 notice, which returned unclaimed. The unclaimed notices are marked as Ext. P3 and P4. Postal receipts are marked as Ext. P5 and P6. Ext. P1 and P2 reveal that complainant Pushkaran alias Maniyan paid 30 monthly instalments amounting to a total of Rs. 11947.90. No material on record to show that opposite parties have received the remaining monthly instalments. Reasonable opportunity was given to opposite parties by this Forum. Even opposite parties never received the Ext. P2 notice issued by the complainant. All these reveal the fact that opposite parties were wilfully and deliberately avoiding the payment of chit amount to the complainant. Deficiency in service is proved. Complainant is entitled to get the remitted amount of Rs. 11947.90 with 12% interest and a compensation of Rs. 1,000/- and cost of Rs. 500/-. In view of what has been observed above, we find there is merit in this complaint which is to be allowed. <br /> In the result, complaint is allowed directing the 1st opposite party to pay a sum of Rs. 11947.90 with 12% interest thereon to the complainant from the date of complaint. The 1st opposite party shall also pay Rs. 1500/- as compensation and cost. The aforesaid amount shall be payable within two months from the date of this order. <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 29th March 2008.<br /> <br /> <br /> G. SIVAPRASAD,<br /> President.<br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> <br /> S.K. SREELA : MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> O.P.No. 471/2004<br /> APPENDIX<br /> I COMPLAINANT'S WITNESS : <br /> <br /> PW1 - K. Pushpakaran<br /> <br /> II COMPLAINANT'S DOCUMENTS :<br /> <br /> P1 - Photocopy of chitty receipts <br /> P2 - Copy of advocate notice dated 13.09.2004.<br /> P3 - Original unclaimed letter TV 35 – 9460.<br /> P4 - Original unclaimed letter TV 35 – 9459.<br /> P5 - Original postal receipt dated 14.09.2004 – RL-AD 9460.<br /> P6 - Original postal receipt dated 14.09.2004 – RL-AD 9459.<br /> <br /> III OPPOSITE PARTIES' WITNESS :<br /> <br /> NIL<br /> <br /> IV OPPOSITE PARTIES' DOCUMENTS :<br /> <br /> NIL<br /> <br /> <br /> PRESIDENT<br /> <br />