Date of filing :20-06-2008 Date of order :15-09-2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC108/08 Dated this, the 15th day of September 2009 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Sobha Krishnan.P.V, Four S House, } Complainant Hosdurg Kadappuram, Po.Kanhangad. (In Person) 1. Rajeevan, Managing Director , } Opposite parties Self Inspiration Gift Scheme, Sigs Tech., Marketing Private Ltd, Political Trade Centre, Kottayam (Adv. M.Abdul Khader, Kasaragod) 2. P.C. Jayachandran Paravanadukkam, C/o.Mini Jayachadran, Health Centre, Near Thalakali Temple, Po.Paravanadukkam (Adv. A.M.Abdul Jamal. Kasaragod) O R D E R SRI.K.T. SIDHIQ, PRESIDENT Shortly stated the case of the complainant Smt. Shobha Krishnan is that she joined in the scheme floated by opposite party No.1 due to the compulsion of opposite party No.2. Opposite party No.2 made her believe that she would get a bike if she had done the insurance business for Rs.1,00,000/- before the anniversary date of the company. Though she received a bike she later came to know that she has to pay Rs.1200/- per month towards the finance dues on the bike. She worked and joined several persons in the company. But she did not receive any income as stated by opposite parties. Later on intervention of a mediator Opposite party No.1 paid some amount by 2 instalments after deducting the amount she paid towards the scheme of business, the amount remitted towards the insurance etc. She had also deposited Rs.15,000/- for medical insurance and insurance of house hold articles and family insurance and it was assured that she would get Rs.30,000/- after 5 years and a bond would be issued every year. But she did not receive the same. She had a total loss of Rs.3,00,000/- on different heads. Hence the complaint. 2. Both opposite parties entered appearance and filed separate versions. According to opposite party No.1 there is no consumer relation ship between complainant and opposite party No.1. According to opposite party.No.1 they had paid Rs.98,412/- in total out of the amount remitted by complainant through business of the company. Further a sum of Rs.15,000/- is lying in the company in the name of the company under Self Insurance Gift Scheme of the company and the company is prepared to repay the same to complainant if she submits necessary request for the same. Hence the complaint is liable to be dismissed. 3. According to opposite party No.2 he was engaged by opposite party No.1 to address the audience in the meeting relating to the contents on the brochure supplied to the agents who attended the meeting. The complainant was introduced to the company by somebody and not by opposite party No.2. Hence he is a quite unnecessary party to the proceedings. 4. Complainant examined as PW1 and Exts A1 to A8 marked. Exts B1 to B4 marked on the side of opposite party No.1. Both sides heard. 5. The complainant is vague with respect to the payments made and also the amount she received in return from opposite party No.1. Ext.B1 is the copy of the application submitted by complainant to opposite party No.1. She had signed the said application voluntarily after agreeing with the terms and conditions of opposite party No.1. The complainant has failed to proved her case that how and in what way or manner opposite parties committed deficiency in their service. Though opposite party No.1 taken a contention regarding the maintainability of the complaint in their version it was not pressed during hearing. 6. However, considering the admission of the opposite party No.1 that they are prepared to pay a sum of Rs.15,000/- which is lying in the credit of the complainant, we pass the following order. Complaint is partly allowed and opposite party No.1 is directed to pay Rs.15,000/- to the complainant with interest @ 9% from the date of complaint till payment with a cost of Rs.2000/-. Opposite party No.2 is exonerated from liabilities. Time for compliance is 30 days from the date of receipt of copy of order. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1. 11-10-06 Cash receipt (Photocopy) A2. Photocopy of insurance policy A3. Photocopy of identity card. A4. Photocopy of receipt issued by Hosdurg Service Co-op.Bank A5. Photocopy of notice issued by ,, ,, A6.16-05-09 certificate issued by ,, ,, A7. 18-10-08 agreement A8.Pre-sale Notice dt. 15-07-08. B1. Application form for obtaining agency. B2. Letter sent by complainant to Opposite party No.1. B3.Letter sent by complainant to Opposite party No.1. B4. Letter sent by complainant to Opposite party No.1. PW1. Shobha Krishnan. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
