IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 27th day of July, 2011
Filed on 30.11.2009
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.407/09
between
Complainant:- Opposite Parties:-
Sri. N.L.Subhramanyan 1. Providence Chitty Fund
Nikarthil Veedu Eramalloor.P.O., Cherthala.
P.O. Ezhupunna Thekku
Cherthala – 688 550 2. Smt.Kathreena Augustine, Nalampurackal
House, Thuravoor.P.O., Cherthala.
3. Sri.Sibi Augustine, -do-
4. Sri.Saji Augustine, -do-
5. Sri.Sojan Augustine, -do-
6. Smt.Sony, W/o Jibi, Thazheth Veedu
P.O. Ezhupunna Thekku, Cherthala
Alappuzha
(By Adv. G. Priyadarsan Thampi – for opposite parties 2 to 6)
7. Smt. Joys Antony, W/o Thomas Antony
Nalampurackal House, Thuravoor.P.O., Cherthala.
8. Sri. Varghese Antony, S/o Late Thomas Antony
-do- -do-
9. Sri. Wilson Antony, -do- -do-
10. Smt.Lissy, D/o Late Thomas Antony, -do-
11. Smt.Leena -do- -do-
12. Smt.Kuttyamma @ Thresiakkutty
Koovakkal Veedu, Velliyakulam,
Cherthala Taluk, Alappuzha District
13. Smt.Kunjamma @ Rosammakutty
Indamthuruthil Veedu, Bund Road
Kottarappally, Vaikom Taluk, Kottayam Dt.
O R D E R
SRI.K.ANIRUDHAN (MEMBER)
Sri.N.L.Subhramanyam, through his Power of Attorney Holder 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, at Eramalloor, which is administered by the opposite parties. They are also engaged in the business of conducting Chit. On their assurance, he had joined in the chit No. 218 – chital No.39 – A class having the sala of Rs.l,00,000/- (Rupees one lakh only). He had remitted a total sum of Rs.85,000/- before the said chit by 34 installments. The opposite parties issued 2 pass books at the time of joining the said chit, while so one of the partner Sri. Varghese Augustine expired on 23.02.2008 and after that the legal heirs of the said member are administered the firm. From 9.12.2008 the opposite parties have closed 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 with effect from 09.12.2008 onwards and closed the firm. The depositor 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. The opposite parties 2 to 6 have entered appearance before this Forum and filed version. Other opposite parties were set exparte.
3. In the version filed by the opposite parties 2 to 6, it is stated that the complaint is bad for non joinder of parties and that they were never involved in the partnership firm – M/s. Providence Chit Fund. It is further stated that their father Sri.Varghese Augustine expired on 23.02.2008 and that they are not involved in the firm.
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 A – chital No.39 – at the time of joining the said chit – M/s. Providence chits fund. Ext.A1 shows the details of remittance for the said chit. The Ext.A1 further shows that the complainant had remitted 34 installments at the rate of Rs.2500/- in connection with the said chit.
5. Opposite parties have not filed the proof affidavit or any documents in evidence. 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.
6. We have fully verified the matter involved in this case and perused the document produced by the complainant in evidence. It is alleged by the complainant that he had remitted 34 installments at the rate of Rs.2500/- in the said Firm of the opposite parties on different dates and the total amount comes to Rs.85,000/-. Ext.A1 document clearly shows this 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. The action of the opposite parties shows their cheating nature, unfair trade practice and grossest deficiency in service and culpable negligence.
7. The complainant is fully entitled to get back the amount remitted from the opposite parties. But the opposite parties have not returned the amount. The entire action of the opposite parties shows that their irresponsible attitude towards this financial matter. The opposite parties are bound to repay the amount and that there is no justification on the side of the opposite parties to deny such 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 are 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.85,000/- (Rupees eighty thousand only) to the complainant vide chit No.218, 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. We 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 29th 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:-
