IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 27th day of July, 2011
Filed on 12.11.2009
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.375/09
between
Complainant:- Opposite Parties:-
Sri. C.S. Salim 1. Providence Chitty Fund
Cherukulangara Veedu Eramalloor.P.O., Cherthala.
Arookkutti P.O.
Cherthala 2. Smt.Joys Antony, Nalampurackal House,
. Thuravoor.P.O., Cherthala.
Represented by Power of Attorney Holder
Lissy Lewelly
(By Adv. D. Jayasree)
3. Smt. Kathreena Augustine
Nalampurackal House, Thuravoor P.O.
Cherthala
(By Adv.G.Priyadarsan Thampi)
4. Sri.Varghese Antony,
-do-
(By Adv. D.Jayasree)
5. Sri.Willson Antony,
-do-
6. Sri.Sibi Augustine,
-do-
7. Sri.Saji Augustine.
-do-
8. Sri.Sojan Augustine,
-do-
9. Smt.Sony
-do- (By Adv. G.Priyadarsan Thampi –
For Opposite parties 6 to 9)
O R D E R
SRI.K.ANIRUDHAN (MEMBER)
Sri.C.S.Salim has filed this complaint before the Forum alleging deficiency in service on the side of the opposite parties. The main allegations are as follows:- The opposite parties were engaged in the business of financial dealings by name and style M/s. Providence Chitty Fund, and M/s. Providence Finance at Eramalloor, which is administered in giving money on the security of Gold and Land. They are also engaged in the business of accepting deposits from local people by offering attractive interest. On their assurance, he had joined in the chit conducted by the opposite parties vide No.218 – chital No.C 86 – by remitting the amount of Rs.625/-. He had remitted a total sum of Rs.20,000/- and opposite parties issued pass book to him after sealed and signed – while so one of the partner Sri.Augustine expired on 23.02.2008 and after that the legal heirs of the said member are administered the firm. Since the opposite parties defaulted the repayment of the total said chit amount, he had requested the opposite parties to return the amount with interest. But the opposite parties have not turned up. The opposite parties had abanded the business from 09.12.2008 onwards and closed the firm. He had along with other depositors enquired about the said promoters. But it was learnt that the opposite parties were absconded. He has not obtained any relief from the opposite parties regarding the payment. Hence this complaint.
2. Notices were issued to the opposite parties. Opposite parties 3 and 6 to 10 have entered appearance before this Forum and filed version. Other opposite parties are set exparte.
3. In the version filed by the opposite parties 3 and 6 to 9, it is stated that the complaint is not maintainable and that the complainant will not come within the purview of Consumer Protection Act. It is stated that the said opposite parties had nothing to do with the business of the firm and they were never involved in the partnership. Since they are not partners of the firm and they have to right to interfere in the business of the firm and they are fully unaware of the financial dealings of the complainant. It is further stated that the Partner Sri.Varghese Augustine expired on 23.02.2008 and they have no information about the dealings of the complainant and not committed any undertaking to the complainant.
4. Considering the contentions of the parties, this Forum has raised the following issues for consideration.
a) Whether there is any deficiency in service on the side of the opposite parties?
b) Whether the complainant is entitled to get the amount from the opposite party?
c) Compensation and costs?
5. Issues 1 to 3:- Complainant has filed proof affidavit in support of his case and filed documents in evidence – Ext.A1 marked. Ext. A1 is the original pass book issued by the opposite parties, - Class C – chital No.86 – at the time of the joining in the said chit. Ext.A1 further shows the amount of remittance on different dates by the complainant at the rate of Rs.625/- by way of 32 installments, before the Firm – total remitted amount comes to Rs.20,000/-.
5. Opposite parties have not filed the proof affidavit or any documents in evidence, even though several chances were given to them. The opposite parties were absent on the date fixed for hearing. So the Forum have heard the matter in detail on the side of the complainant for a fair adjudication.
6. We have fully verified the matter involved in this case and verified the document produced by the complainant in evidence. It is alleged by the complainant that he had remitted a total sum of Rs.20,000/- on different dates in the chit conducted by the opposite parties. Ext.A1 document clearly shows that matter. In spite of the repeated request of the complainant, the opposite parties have not taken any sincere attempt to repay the amount with interest to the complainant in time. Instead of taking necessary earnest steps to repay the amount, the opposite parties have evaded from the liability purposefully after raising unnecessary contentions and delay the matter. The action of the opposite parties shows their cheating nature and unfair trade practice.
7. The complainant is fully entitled to get back the remitted amount from the opposite parties. But the opposite parties have not turned up. The entire action of the opposite parties shows that there is grossest deficiency in service, culpable negligence and unfair trade practice by way of purposeful refusal to pay the amount. The opposite parties are bound to repay the amount with interest and that there is no justification on the side of the opposite parties to deny the repayment. The contentions of the opposite parties cannot be accepted as valid grounds to deny repayment and it lacks bonafides. Since there is grossest deficiency in service, culpable negligence, unfair trade practice and cheating on the side of the opposite parties, the opposite parties are fully liable to pay compensation and cost to the complainant. The contentions of the opposite parties regarding this financial dealings have no merit and cannot be accepted. The opposite parties have jointly and severally liable to repay the amount with interest to the complainant. So considering the facts and circumstances of this case and after perusal of the documents in evidence, we are of the strong view that the allegation of the complainant against the opposite parties are to be treated as genuine. In this context, the complaint is to be allowed as prayed for. All the issues are found in favour of the complainant Hence the complaint is allowed.
In this result we hereby direct the opposite parties to return the remitted amount of Rs.20,000/- (Rupees twenty thousand only) to the complainant with 12% interest from the date of remittance to till the repayment of the entire amount and further pay an amount of Rs.10,000/- (Rupees ten thousand only) as compensation to the complainant for his mental agony, pain, sufferings, physical strain, loss and harassment of the opposite parties due to the purposeful denial of the repayment of the remitted amount with interest in time and violation of assurance given to the complainant for repayment of remitted amount and its interest by way of deficiency in service, culpable negligence, cheating and further directing the opposite parties to pay an amount of Rs.2,000/- (Rupees two thousand only) to the complainant as costs of this proceedings. We hereby further ordered that the complainant is free to proceed against the assets of the opposite parties for the realization of the said amounts in case any default to pay the said amounts to him. We further direct the opposite parties to comply with this order within 30 days from the date of this order.
Complaint is allowed.
Pronounced in open Forum on this the 27th day of July, 2011.
Sd/- Sri. K. Anirudhan
Sd/- Sri. Jimmy Korah
Sd/- Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Ext. A1 - Original pass book
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
