Jammu and Kashmir

Jammu

CC/22/2017

Pawan Kuamr - Complainant(s)

Versus

Raja - Opp.Party(s)

Pawan Singh

19 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

(Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File  No                350/DFJ           

 Date of  Institution      07-12-2016

 Date of Decision           03-05-2018

 

1.Pawan Kumar,S/O Vakil Chand.

2.Bunty Kumar S/O Deep Raj,

3.Dees Raj

4.Des Raj S/O Vakil Chand,

5.Kuldeep Kumar S/O Rachhpal Chand,

6.Om Parkash

7.Kuldeep Kumar S/O Rachhpal Chand,

8.Subashi  S/O Puran Chand,

9.Aman Ullah S/O Late Barkat Ali,

10.Raman Kumar

All residents of Bahu Fort Tehsil Bahu Fort Distt.Jammu.

                                                                                                                                                                Complainants

                             V/S

Raja S/O Inder Kumar,R/O Bazigir Basti Bagh-e-Bahu,Jammu.

                                                                                                                                                                Opposite party

CORAM

                  Khalil Choudhary            (Distt.& Sessions Judge)   President

                  Ms.Vijay Angral                                                              Member

                  Mr.Ghulam Sarwar Chauhan                                      Member

 

In the matter of: Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

 

Mr.Pawan Singh Bandral,Advocate for complainants, present.

Mr.Stanzin Namgail,Advocate for OP,present.

 

                                                                         ORDER

                       Facts relevant for the disposal of complaint on hand are that; OP has been running the business of committees comprising of 20 members, including complainants and the Op started collected daily committee from the complainants @ Rs.100/-,Rs.200/- and Rs.500/-and the maturity period of committee was fixed for 20 months, copies are annexed as Annexure-A.Complainants further submitted that they have been paying daily instalments to OP from the month of July,2013 onwards and the entries of daily instalments paid by the complainants have been entered in the diaries. Allegation of complainants is that they have paid daily instalments to OP continuously and regularly, but Op stopped to collect instalments before the maturity period of 20 months without any reason and the complainants ran from pillar to post for redressal of their grievance,ultimately,when the Police and Crime Branch have not taken any action against OP.That the complainants have deposited their daily instalments with the OP which is as under:

Sr.No	Name of complainants	Date of starting	Date of closing	Rate of daily premium	Total amount deposited
1.	Pawan Kumar	01.07.2013	28.08.2014	500/-	1,83,000/-
2.	Bunty Kumar	01.07.2013	26.08.2014	100/-	30,000/-
3.	Des Raj	21.09.2013	28.08.2014	200/-	58,000/-
4.	Des Raj Sharma	01.07.2013	28.08.2014	100/-	36,300/-
5.	Kuldeep Kumar	13.3.2013	29.08.2014	100/-	38,000/-
6.	Om Parkash	02.07.2013	29.08.2014	100/-	36,300/-
7.	Kuldeep Kumar	2013	29.08.2014	100/-	37,700/-
8.	Subashi	02.07.2013	28.08.2014	100/-	35,900/-
9.	Aman Ullaha	28.07.2013	18.08.2014	100/-	60,000/-
10.	Raman Kumar	2.7.2013	26.8.2014	100/-	34,500/-

 

                       Complaint further proceeds on the premise that the complainants approached OP for payment of the amount deposited by them, but OP failed to pay the amount, alongwith interest, which act of omission and commission on the part of Op constitutes deficiency in service,therefore,complaint on hand. In the final analysis, complainants pray for payment of deposited amount alongwith interest and in addition, also prays for compensation of Rs.1.20 lacs including litigation charges.

        On the other hand,OP filed written version and resisted the complaint on the ground that a joint complaint filed by different persons is not maintainable with different cause of actions to complainants joined together in the complaint. That Pawan Kumar complainant herein is the mind behind running the illegal business of chit fund. The respondent fell a prey to the nefarious designs of the complainant Pawan Kumar and was lucky to get the second turn, the first turn got by said Pawan himself. That complainant Pawan then employed the respondent to collect the amount from the members on his list or him and was getting a monthly pay of Rs.6000/-per month, when he stopped paying so the respondent left the job when 10^th number committee was in progress. The complainant himself was holding 9 member committee share and every month committee’s draw was made at the shop of complainant Pawan.The Op further submitted that Pawan complainant has tampered with the record and made insertions in the documents produced in the Forum. The Op further submitted that it was complainant No.1 Pawan Kumar who had issued the diaries for collection of daily amount of committee for 20 months for and on behalf of complainant No.1 Pawan Kumar under his employment. The Op was also a member of chit fund and he got the draw on 2^nd turn, the first was in favour of complainant Pawan Kumar.It is submitted that complainant No.9 Aman Ullah was not a member and OP has not received any daily instalment from him during the period OP remained under the employment of complainant No.1.That all the daily instalments collected by OP were deposited with complainant No.1 and daily diaries were to be deposited with complainant No.1.It is submitted that complainant No.1 did not pay monthly remuneration @ Rs.6000/-so the OP left the job and stopped collecting daily instalments from the committee orders and the record of the collection remained with complainant No.1.Rest of the are denied.

                 Complainants adduced evidence by way of duly sworn evidence affidavits .Complainants have placed on record copies of diaries and details of entries.

                          Although OP filed written version, but after availing numerous opportunities failed to lead any evidence, so, the right of OP to file evidence was closed vide order dated, 29-01-2018.Therfore, unsubstantiated averments contained in the written version of OP cannot overweigh the evidence lead by the complainants.

               We have perused case file and heard L/Cs appearing for the parties at length.

              Briefly state facts of the case are that OP has been running the business of committees comprising of 20 members, including complainants and the Op started collected daily committee from the complainants @ Rs.100/-,Rs.200/- and Rs.500/-and the maturity period of committee was fixed for 20 months. Complainants further submitted that they have been paying daily instalments to OP from the month of July,2013 onwards and the entries of daily instalments paid by the complainants have been entered in the diaries. Allegation of complainants is that they have paid daily instalments to OP continuously and regularly, but Op stopped collecting instalments before the maturity period of 20 months without any reason and the complainants ran from pillar to post for redressal of their grievance,ultimately,when the Police and Crime Branch have not taken any action against OP. Complaint further proceeds on the premise that the complainants approached OP for payment of the amount deposited by them, but OP failed to pay the amount.

                      In order to substantiate their allegations, complainants filed duly sworn evidence affidavits. Complainants have reiterated the contents of complaint, therefore, same need no repetition. On the other hand, despite OP was granted ample opportunities to support its version by leading evidence, but it failed to lead iota of evidence in support of its version.Therefore,version of OP went unsubstantiated, unsupported and uncorroborated by cogent evidence, ,therefore, same being bereft of  legal strength, hence, cannot be read in evidence.

               On the other hand, in support of their allegations that complainants have deposited their daily instalments, complainants have placed on record copies of diaries and details of entries. Therefore, we have no reason to discard with the prayer made by complainants for payment of deposited amounts in view of supportive material placed on record.

                          After going through the whole case with the evidence on record what reveals here is the case of complainants is genuinely filed with speaking reasons and merit as being consumers as per the purport of Section 2(d) of Consumer Protection Act and OP is the service provider having failed in its statutory duty to provide adequate and effective services. The purport of legislation is well defined and statutorily takes care of consumer rights and cannot legally afford to a situation like the one confronted herewith in a manner where they are deprived of their rights as of consumers. The consumers have to come forth and seek for redressal of their grievance. The case of the complainants is also genuinely filed for seeking determination of their right by this Forum.

                          Therefore, in view of aforesaid discussion complaint is allowed and OP is directed to pay Rs.1,83,000/-to complainant No.1,Rs.30,000/-to complainant No.2,Rs.36,300/-to complainant No.3, Rs.56,800/-to complainant No.4,Rs.38,000/-to complainant No.5,Rs.36,300/-to complainant No.6,Rs.37,700/-to complainant No.7,Rs.35,900/-to complainant No.8,Rs.60,000/- to complainant No.9 and Rs.34,500/-to complainant No.10 alongwith interest @7% per annum w.e.f.01-08-2014 till its realization. We further direct OP to pay Rs.10,000/-as compensation for causing harassment and mental agony to complainant and Rs.10,000/-as cost of litigation. The OP shall comply the order within one month from the date of receipt of this order. Copy of this order be provided to both the parties as per requirement of the Act. On deposit of the amount in this Forum, the same shall be paid to the complainant through payees account cheque.The complaint is accordingly disposed of and file be consigned to records after its due compilation.

Order per President                                            (Khalil Choudhary)                               

Announced                                                           (Distt.& Sessions Judge)

03-05-2018                                                               President

                                                                            District Consumer Forum

Agreed by                                                                 Jammu.

                                                                

  Ms.Vijay Angral          

  Member                                                                                              

 

Mr.Ghulam Sarwar Chauhan

Member