By Jayasree Kallat, Member. The petition was filed on 05.06.2009.The complainant had joined monthly chitties run by the opposite party- 2. The chitty commenced on 25.07.2008 for an amount of Rs. 2,00,000/-. (Two lakh) The opposite party had issued a passbook and monthly receipts against each monthly payments towards the chitty. After the payment of 5 monthly installments opposite party No.2 had informed the complainant that he is eligible for the chitty amount of Rs 2 Lakhs . The opposite party contrary to their promise had subsequently informed the complainant that he is eligible for only Rs.1,00,000/-(1 Lakh) The opposite party had defrauded the complainant. The OP had actually wished to disburse the chitty amount of Rs.1,00,000/- (Rupees 1 Lakh )only. The complainant had paid an amount of Rs.10,000/- on 05.08.2008 as first installment towards the chitty. But the entry in the passbook is seen as Rs.5,000/- only. Similarly on 23.08.2008 the complainant paid Rs.8,000/- but Opposite party accounted only Rs.4000/- in the passbook. This act of the opposite party is utter deficiency of service on the part of the opposite party. The opposite party have refused to correct the difference of amount in the passbook. The OP is liable to pay the amount claimed and the complainant is entitled for that amount. Complainant is also seeking for compensation. Opposite party-1 & 2 had filed a joint version denying the allegation in the complaint except those which are expressly admitted. The OP admitted that the complainant had joined in the monthly chitti run by opposite party. Complainant had joined two number of tickets for sala of RS.1,00,000/-(1 lakh)each. The opposite party had issued two passbooks for the two tickets. The opposite party deny the allegation that the complainant had paid a total amount of Rs.42,000/-. Opposite party did not inform the complainant that he is eligible for the chitty amount of Rs.2,00,000/-.(2 lakhs) In fact the opposite party informed the complainant that he is eligible for Rs.1,00,000/-(1 Lakh) chitt amount. OP denies the allegation that the opposite party had mentioned Rs.2,00,000/- (2 lakh)as chitty amount and had subsequently told the complainant that he is eligible for only Rs.1,00,000/-. (1 Lakh)Opposite party never defrauded the complainant and attempted to cheat. The statement that the complainant paid an amount of Rs.10,000/- (Ten thousand)on 05.08.2008 as first installment towards the chitty, the opposite party had given entry in the passbook as only Rs.5000/- is not correct. There is another passbook and the entry is clearly made in that passbook for the balance amount. There is no deficiency of service on the part of the opposite party as alleged in the complaint. The allegation that the complainant is entitled to get Rs.2,00,000/-(2 Lakh) towards the chitty amount, and the OP have not disbursed this amount , is not true. The complainant entered as a subscriber of the opposite party by agreeing the terms and conditions of the opposite party’s chitty. There is no deficiency on the part of the opposite party. The petition is liable to be dismissed. The only question for consideration is whether the complainant is entitled for the relief sought in the petition.? The complainant was examined as PW 1 and Exts.A1 to A6 were marked on complainant’s side. Opposite party was examined as RW1 and Ext B1 to B3 marked on Opposite parties’ side. The case of the complainant is that he had joined monthly chitty run by Opposite parties which commenced on 25.07.2008 for an amount of Rs.2,00,000/-.(Two lakhs) After the 5th monthly installments the opposite party had informed the complainant that he is eligible for the chitty amount of Rs.2,00,000/-.(2 Lakhs) According to the complainant the opposite parties changed their promises subsequently and told the complainant that he is eligible for only Rs.1,00,000/-(1 Lakh) as chitty amount. Complainant alleges that there was substantial amount of difference in accounts and documents. According to the complainant he had paid an amount of Rs.10,000/- on 05.08.2008 as first installment. But the entry in passbook Ext.A1 shows as Rs.5,000/-. At this instance opposite parties have produced Ext.B3 which shows that there was two passbooks. Ext.B3-A shows the subscribers collection status of 2008 to 2009. B3-A is for group No.EB6 book No.3, sala 1,00,000 /-, (1 Lakh) duration 20 months. The entry on 05.08.2008 as per receipt No.1527 is shown as Rs.5000/-. Ext.B3-B the subscriber’s collection status group No.EB6 book No.4, sala Rs.1,00,000/-, Duration 20 months shows the entry on 05.08.2008 for the Receipt No.1527 as Rs.5000/-. Opposite parties have taken the contention that there were two different chitties with sala Rs.1,00,000/- each. That is why Rs.5000/- is entered in Ext A1 passbook. According to the opposite parties there is another passbook which the complainant has suppressed. Ext.A2 produced by the complainant two in numbers are receipts for two installments. In receipt No.1527 the amount received as monthly installment on 05.08.2008 is shown as Rs.10,000/-. This would clearly prove that there was two passbooks. In Ext.A1 passbook entry for receipt No.1527 is shown as Rs.5000/- on 05.08.2008. But the complainant was given a separate receipt Ext A2 produced by the complainant two in numbers. Receipt No.1527 dated 05.08.2008 clearly shows the amount as Rs.10,000/-. Similarly a receipt is issued with receipt No.1570 for an amount of Rs.8000/- on 23.08.2008. The entry in Ext.A1 passbook on 23.08.2008 will show only Rs.4000/-. Hence we have no hesitation to conclude that there were two passbooks Ext B1 is the application for chitty tickets. Ext.B1 shows the sala as Rs.1,00,000/- number of tickets two, period 20 months and monthly subscription 10,000/- to clarify that there where two passbooks Ext B1 alone is proof enough. It clearly shows monthly subscription as Rs.10,000/-.(Ten thousand) The entry in passbook Ext.A1 is Rs.5000/- Ext A2 receipt No.1527 is for Rs.10,000/-,(Ten thousand) Ext.A1 receipt No.1527 is entered on 05.08.2008 which shows collection amount as Rs.5000/-. Hence we are of the opinion that there should have been another passbook correspondingly which shows that collection amount as Rs.5000/- on the same day. After hearing both sides in detail and perusing the documents produced on both sides we have come to the conclusion that there must have been two passbooks , the entry in passbook Ext A1 shows that the complainant has paid a total collection of Rs.25,000/-.(Twenty five thousand) Ext A2 receipt show that complainant has paid 10,000/- on 05.08.2008 and 8000/- on 23.08.2008. Out of this amount half the amount was already entered in Ext A1 passbook. We are of the opinion that we can accept the argument of the opposite parties that the complainant has paid only two installments in the second passbook 5000/- as per receipt No.1527 and 4000/- as per receipt No. 1570. Altogether the complainant has paid an amount of Rs.34,000/- towards the subscription in the chitty. The Complainant’s version that he has joined for a chitty amounting of Rs.2,00,000/- (Two lakhs)can be accepted, but it is for two different chitties with sala of 1,00,000/- (1 Lakh)each. The complainant must have had a misconceived notion. In this case no deficiency has occurred on the part of the opposite parties. But we are of the opinion that complainant has made a subscription of Rs.34,000/-, he is entitled to get back that amount . He is not entitled for any other amount as prayed in the petition. In the result petition is partly allowed and the opposite parties 1 & 2 are directed to return back the amount of Rs.34,000/- (Thirty four thousand)and a compensation of Rs.2000 and cost of Rs. 500/- within one month of receiving the copy of the order. Prounced in the open court this the 2nd day of July 2010. SD/-PRESIDENT SD/- MEMBER SD/- MEMBER APPENDIX Documents exhibited for the complainant: A1. Chitty Passbook. A2. Two Monthly receipt dtd 23.08.08 & 05.08.08. A3. Chit amount payment slip. A4. Fishermen welfare Card of Jithin Raj A5 . Copy of the registered lawyer notice and postal receipt. A6. Copy of reply notice dtd. 23.04.2009. Documents exhibited for the opposite party: B1. Application for chit ticket. B2.Power of Attorney B3. copy of collection status 2008-2009. Witness exhibited for the complainant. PW1 . Jithin Raj (Complainant) Witness exhibited for the opposite party: RW1. E.M.Velayudhan, Muppilthazhath, Pantheeramkavu. Sd/- PRESIDENT //True copy// Date of filing : 05.06.2009 Date of order : 02.07.2010 (Forwarded /By order) SENIOR SUPERINTENDENT
| | [HONOURABLE MRS. Jayasree Kallat, MA.,] Member[HONOURABLE MR. G Yadunadhan, BA.,LLB.,] PRESIDENT[HONOURABLE MR. L Jyothikumar, LLB.,] Member | |
