IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of April, 2011
Filed on 12.11.2009
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No. 372/09
between
Complainant:- Opposite Parties:-
Smt. Indira Venukumar 1. Providence Chitty Fund
Nellisseril Eramalloor.P.O., Cherthala.
Ezhupunna South P.O.
Alappuzha – 688 550 2. Providence Finance
Eramalloor P.O., Cherthala
3. Smt. Joys Antony
Nalampurackal House, Thuravoor
P.O., Cherthala
4. Smt. Kathreena Augustine
-do-
5. Sri.Varghese Antony
-do-
6. Sri.Wilson Antony
-do-
7. Sri.Sibi Augustine
-do-
8. Sri.Saji Augustine,
-do-
9. Sri. Sojan Augustine
-do-
10. Smt.Sony
-do-
(By Adv. Priyadarsan Thampi – Opposite
Parties 4 and 7 to 10)
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Smt. Indira Venukumar 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 as Partnership firm 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 and the business of chit. On their publicity and assurance, she had joined their Chit firm vide No. 222 – A class chit chital No.25 and remitted amounts at the rate of Rs.2500/- with effect from 12.04.2007. She had remitted a total sum of Rs.52,500/- by 21 installments. The opposite parties had issued pass book to her in connection with the said amount. Since the opposite parties defaulted the repayment of the total said chit amount, she had requested the opposite parties to return the amount with interest. But the opposite parties had not turned up. The opposite parties had abanded the business from 09.12.2008 onwards and closed the firm. She enquired about the said promoters. But it was learnt that the opposite parties were absconded. She has not obtained any relief from the opposite parties regarding the payment of money. Hence this complaint.
2. Notices were issued to the opposite parties. Opposite parties 4 and 6, 7, 8, 9 and 10 entered appearance through counsel. But they were absent in the subsequent proceedings except opposite parties 4, 6 and 7. They filed version.
3. In the version filed by the opposite parties, it is stated that the complaint is not maintainable, due to the reasons of non-joinder of parties. The 7th opposite party has nothing to do with the business of the firm and 7th opposite party is never involved in the business of the firm. They had retired from the firm and the firm was reconstituted in 2007 by opposite parties with 5 and 8 to 10. It is submitted that while they were partners along with Varghese Augustine, the later started to do business of his own nature and used to collect funds from outsiders for his own purpose, the mismanagement of the said Varghese Augustine lead to amicable settlement. They are fully unaware of the business of the firm especially deposit of money. It is stated that they have not accepted any amount from the complainant. So they are not liable for the claim.
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 back the amount from the opposite party?
c) Compensation and costs?
5. Issues 1 to 3:- Complainant has filed proof affidavit in support of her case and produced document in evidence – Ext.A1 marked. Ext.A1 is the pass book issued by the opposite parties to the complainant at the time of joining the chit No. 222 – chital No.25, Class A. It shows the remittance of chit amount – 21 installments at the rate of Rs.2500/-. The book was sealed and shows the condition of the chit.
6. Opposite parties have not filed the proof affidavit and not proudced any documents in evidence, even though several chances were given to them. The said opposite parties were absent on the subsequent posting dates of this case. So the Forum have heard the matter.
8. 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 she had remitted a total sum of Rs.52,500/- on different dates before the opposite parties by way of chit amount. 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 complainants 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 refused to pay the amount. The action of the opposite parties shows their cheating nature and unfair trade practice and they have jointly and severally liable for the said amounts.
9. 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, cheating and unfair trade practice by way of purposeful refusal to pay the amount in time. 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 by raising unnecessary contentions. 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 document 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.52,500/- (Rupees fifty two thousand and five hundred only) to the complainant with 12% interest from the date of deposit and 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 her mental agony, pain, sufferings, physical strain, loss and harassment of the opposite parties due to the purposeful denial of 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 we 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 her. 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 30th day of April, 2011.
Sd/- Sri. K. Anirudhan
Sd/- Sri. Jimmy Korah
Sd/- Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Ext. A1 - 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:-
