DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, Civil Station, Palakkad – 678001, Kerala
Dated this the 30th day of January, 2010
Present: Smt.Seena.H, President Smt.Preetha.G.Nair, Member Smt.Bhanumathi.A.K, Member
C.C.No.139/2008
Muhammed Basheer, S/o.Hamsa, Sanas House, Near Maliyekkal Garden, Ottapalam Post, Ottapalam Taluk, Palakkad. Rep by Power of Attorney Holder, M.A.Hassan, S/o.M.B.Aboobacker, M.P.House, Mepparamba, Palakkad. (By K.Dhananjayan & T.U.Shaik Abdulla) - Complainant
Vs
1. M/s.Rajakeeyem Chits Pvt Ltd., Registered Office, Room No.309, 3rd Floor, Ottapalam Shopping Complex, Main Road, Ottapalam 679 101.
2. Muralidharan, S/o.Sreedharan, Managing Director, M/s.Rajakeeyem Chits Pvt Ltd., Parakkal House, S.R.K.Nagar, East Ottapalam 679 101.
3. M.P.Sunilkumar, Chairman, M/s.Rajakeeyem Chits Pvt Ltd., Maliakkal House, Near Malabar Film Institute, Thottakkara Post, Ottapalam.
4. Abdul Razak, Maliyekkal House, Near Malabar Film Institute, Thottakkara Post, Ottapalam. - Opposite parties
O R D E R By Smt.H.Seena, President
Case of the complainant is as follows.
Complainant has joined in one chitty conducted by the opposite parties bearing No.ST15, Class R2 for the total kuri sala of Rs.3,00,000/-. Complainant should have to pay instalment of Rs.10,000/- once in two months. The total period of the kuri was 34 months commenced from September 2001. Tenure was over on the 34 instalment ie in month of January 2007. Complainant is entitled to call the kuries by participating in the auction even before the expiry of the kuri. Complainant remitted the entire amount and is entitled to obtain the kuri amount of Rs.3,00,000/- on January 2007 or even before that. Opposite parties has issued the pass book to the complainant and entire amount received by them from the complainant has been entered in the pass book. Opposite parties assured the complainant that the amount collected from him would be safe and is secured and the complainant would certainly get back the amount on its expiry. The complainant was intending to auction the amount on an occasion, but it was discouraged by the opposite parties by assuring and promising him that if the complainant do so, it would be caused him sustain loss. According to the complainant he is legally entitled to get back the total amount of Rs.3,00,000/- and interest on January 2007. Complainant approached the opposite parties to get back the kury amount. The amount was not disbursed by the opposite parties putting forth some lame excuses. Complainant issued lawyer notice dtd.30.06.08 demanding payment of the whole amount. So far the opposite parties has not disbursed the kuri amount. Hence the complaint.
All the opposite parties were set ex-parte.
The evidence adduced by the complainant consists of the chief affidavit and Exts.A1 to A3 documents.
Issues for consideration are; Whether there is any deficiency in service on the part of opposite parties? If so what is the relief and cost?
Issues 1 & 2: On going through Ext.A2, pass book, it is seen that complainant has joined ST15, Class R2 kuri. It is specifically stated in the said pass book that the chitty commenced from 9th July, 2001 and terminate by 9th March, 2007. Total chit amount for the above mentioned kuri is seen as Rs.3,50,000/- which is total contrary to the version of the complainant that the total chit amount is Rs.3,00,000/-. As per Ext.A2, pass book, complainant has paid 34 instalments. 34th instalment is seen to be paid on 09.01.07. As per Ext.A2, 35th instalment is seen to be due to the opposite parties. The say of the complainant is that tenure of the said kuri was over by 34th instalment is not substantiated by any supporting documents. Going through available evidence on record we understand that the complainant has to pay one more instalment for closing the chitty. In Ext.A2 itself it is clearly stated that the chitty will be terminated on 9th March, 2007. 34th instalment is paid in the month of January. As per the terms of the kuri Rs.10,000/- has to be paid once in 2 months. Hence it is clear that one more instalment due in the month of March. Considering the fact that the complainant has paid the entire instalment except one to the kuri subscription and that the opposite parties has not adduced any evidence contracting the one adduced by the complainant, we are of view that complaint be allowed.
We are not in a position to allow the complaint as such. Complainant is only entitled to claim the amount already paid deducting the foremen commission as per law. Foremen commission as stated in clause 9 of the pass book marked as Ext.A2 is Rs.30,000/-. Actual amount paid including dividend by the complainant is Rs.3,40,000/-. Rs.10,000/- is due to the opposite parties. Deducting foremen commission and the amount due to opposite parties, complainant is entitled for the balance amount.
In the result complaint partly allowed. Opposite parties are jointly and severally directed to pay an amount of Rs.3,00,000/- (Rupees Three lakhs only) to the complainant within one month from the date of receipt of order, failing which the whole amount shall carry interest @ 9% p.a from the date of order till realisation
Pronounced in the open court on this the 30th day of January, 2010. Sd/- Seena.H, President Sd/- Preetha.G.Nair, Member Sd/- Bhanumathi.A.K, Member Appendix Witnesses examined on the side of complainant Nil Witnesses examined on the side of opposite party Nil Exhibits marked on the side of complainant Ext.A1 – Power of Attorney Ext.A2 – Pass book Ext.A3 (Series) – Photo copy of lawyer notice sent by complainant to opposite parties |
