CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM

Present

Sri.Santhosh Kesavanath.P.President

Smt.Bindhu M.Thomas Member

Sri.K.N.Radhakrishnan Member.

CC.No.262/09

Saturday, the day of 27^th, February, 2010.

Petitioner Philip.M.

Edasseril house

Uzhavoor East.P.O.

PIN-686634.

(Adv.Benny Joseph)

Vs.

Opposite parties. 1. Proprietor

Suryadhanasree Chittees

Kuravilangadu branch

Kottayam.

2. Alice

Collection Agent

Suryadhanasree,

Kuravilangadu branch.

3. Lincy.C.L. Office staff

Suryadhanasree

Kuravilangadu branch.

O R D E R

Sri.K.N.Radhakrishnan, Member.

The case of the complainant is as follows.

He had joined the weekly chitty scheme conducted by the opposite parties. The collection agent of the opposite parties had joined the complainant the weekly scheme of Rs.200/- for 50 weeks. The total amount after the maturity was 11,000/- with bonus. After maturity the complainant contacted the opposite party for refund the remitted money. But the opposite party has refund the complainant's remitted amount only. The opposite party has not willing to pay the bonus to the complainant. Then the complainant approach the forum for get back the offered bonus amount, compensation and costs of these proceedings. Hence this complaint.

-2-

The notice was served with the opposite parties. They appeared and filed their version contending as follows.

The present complaint is not maintainable either in law of on faults. The case was not come under the purview of the consumer protection Act. The offered bonus was certified only to the customers who remitted the instalments without any default. The complainant was a defaulter of remitting the instalments. The complainant had received the amount without any objection. The defaulted customer cannot get the bonus of Rs.1000/-. The complainant had received 10,000+500=10,500/- Rs.10,000/- with bonus Rs.500/-.There was no deficiency in service on the part of the opposite parties. Hence the complaint may be dismissed with costs.

The complainant examined as PW1. The documents produced by him was marked as exhibits. A1 series. The opposite parties filed proof affidavit and statement of accounts which was marked as exhibit B1.

Heard both sides. We have gone through the complaint, version, documents and evidences of both sides. The case of the complainant is that the opposite party has not refund the entire chitty amount with bonus. According to him the opposite party they offered Rs.10,000/- with Rs.1000/- as bonus. But the opposite party had only given Rs.500/- as bonus. The opposite party had taken a contention that the complainant was a defaulter of remitting the instalments and so he was not entitled to get the entire bonus amount. According to them they had given Rs.500/- to the complainant as bonus. Admittedly the remitted amount was given to the complainant. The only disputes is with regard to the offered bonus amount. As far as the opposite party is concern they had given Rs.500/- to the complainant as bonus for the remitted amount. We have no reasons to dis-believe the sworn proof affidavit of the complainant. The opposite party has not adduced any evidence to show that the offered bonus amount was Rs.500/-. Hence the case of the complainant is believable as the offered bonus amount was Rs.1000/-. So we are of the opinion that the case of the complainant is to be allowed.

-3-

In the result the complaint is allowed as follows. (1) we direct the opposite parties to pay Rs.500/- as offered bonus and pay Rs.1500/- as compensation for inconvinences and pay Rs.1000/- as costs of these proceedings, to the complainant. Order shall be complied with within a period of one month from the date of receipt of a copy of this order.

Sri.K.N.Radhakrishnan Member Sd/-

Sri.Santhosh Kesavanath.P. President Sd/-

Smt.Bindhu M.Thomas Member. Sd/-

APPENDIX

Documents produced by complainant.

1. A1 series are the receipts.

Documents by the opposite parties.

2. Statement of accounts showing remittance.

By Orders,

Senior Superintendent.

Kgr/5 copies.