IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 31st day of August, 2011
Filed on 30.04.2011
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.146//2011
Between
Complainant:- Opposite parties:-
T.J.Vincent, Toj Mahal, Ezhupunna 1. Providence chitty Fund
South P.O., Ward No.3 Eramalloor, Cherthala represented
Kodamthuruth Panchayath, Cherthala by its foreman (Partner) Kathreena
(By Adv. E.D. Zacharias) Augustine, Nalampurackal
Thuravoor South P.O., Puthanchantha
Cherthala – 688 532
2. Smt.Kathreena Augustine Nalampurackal, Thuravoor South
P.O., Puthenchandtha, Cherthala – 688532
3. Saji Augustine, Nalampurackal
Thuravoor South infront of Panchayath
Office, Thuravoor, Thuravoor South P.O.
Cherthala – 688 532
4. Sibi, Nalampurackal, Thuravoor South P.O., Puthenchantha, Cherthala – 688532
5. Sojan, -do- -do-
6. Sony, Thachethu (Kochilattu)
Ezhupunna South P.O., East of
Ezhupunna P.S.Junction
Cherthala – 688 550
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBER)
Complainant 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, Eramalloor, which is engaged in the business of money lending, chitty, invited money deposit from the public and also collecting money by way of daily collection. On their assurance, the complainant joined chitty No.223 and chital number 118 in class C and another chitty No. 222 and chital No. 5 in class C. In two chitties complainant remitted total sum of Rs.20,000/- (Rs.2500/- + Rs.17500/-) before the opposite parties’ firm. At the time of accepting the chitty amounts, the opposite parties issued pass books to the complainant after sealed and signed, while so one of the partner Sri.Augustine expired and after that the legal heirs of the said members are administered the firm. Since the opposite parties defaulted the repayment, he had requested the opposite parties to return the amount. But the opposite parties have not turned up. The opposite parties had abanded the business and closed the firm. The depositor along with other depositors enquired about the said promoters. But it was learnt that the opposite parties were absconded. Complainant 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 were not appeared before this Forum. Hence they were set exparte.
3. 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?
4. Issues 1 to 3:- The complainant has filed proof affidavit and filed two documents in evidence – Exts.A1 and A2 were marked. Ext.A1 and A2 are the original pass books issued at the time of remitting chitty installments.
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/- in the firm of the opposite parties. In spite of the repeated requests of the complainant, the opposite parties have not take 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. The action of the opposite parties shows their cheating nature and unfair trade practice. The complainant is fully entitled to get the 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. The opposite parties are bound to repayment of the amount and that there is no justification on the side of the opposite parties to deny the repayment. 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 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 allegations of the complainant against the opposite parties are to be treated as genuine. In this context, the complaint is to be allowed. 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 31.1.2008 to till the repayment of the entire amount and further pay an amount of Rs.5,000/- (Rupees five thousand only) as compensation to the complainant for his mental agony, pain, sufferings, physical strain, loss and harassment of the opposite parties by way of purposeful denial of the repayment of the deposit amount with interest in time to the complainant, due to the grossest deficiency in service, culpable negligence, cheating and unfair trade practice of the opposite parties and further pay an amount of Rs.1,000/- (Rupees one 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 in case any default to pay the said amount to him. We further direct the opposite parties to comply with this order within 30 days from the date of receipt of this order.
Complaint is allowed.
Pronounced in open Forum on this the 31st day of August, 2011.
Sd/- Smt. N. Shajitha Beevi: Sd/-Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Appendix:-
Evidence of the complainant:-
Ext. A1 & A2 - Original Pass books (2 Nos.)
Evidence of the opposite parties:- Nil
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
