1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K. ANIRUDHAN (MEMBER) Smt. Pushpa Mohandas the complainant has filed the complaint before this Forum alleging deficiency in service on the part of the opposite party. The contentions of the complainant is as follows:- The complainant is a subscriber of Chitty No.220 started by the opposite party on 25.7.98 under the name and style M/s.Palamuttom Chits and Investments to Palamuttom buildings, Thevara, Cochin. The expiry of the above chitty was on 25.6.2003. The period was 60 months and the sala was Rs.3 lakhs. The complainant remitted the amounts up to 22.1.2000 and the total amount comes to Rs.69,964/-. After 22.1.2000 she failed to remit the installment amounts due to the financial difficulties. After the maturity period of the said chitty, the complainant requested the opposite party to give back the remitted amount of Rs.69,964/-. In spite of the repeated request of the complainant the opposite party has not taken any earnest effort to return the deposited amount. Since there was no positive relief, she has filed the complaint to get back the amount and other relief. 2. Notice was issued to the opposite party. He entered appearance before this Forum and filed version. In the version, it has stated that he was not involved in any of the transactions with the complainant as alleged. He has not conducted any chitty and that the complaint filed is to harass him. It is stated that the chitty was solely conducted by his father and the complaint is barred by limitation. It is further stated that liquidation proceedings are pending against Palamuttom chitties before the Honble High Court of Kerala as CP No.4/2003. 3. Considering the rival contentions of the parties this Forum has raised the following issues:- (1) Whether there is any deficiency in service on the part of the opposite party? (2) Whether the complainant is entitled to get compensation and costs? 4. Issues (1) and (2):- On the side of the complainant, she has produced one document, Ext.A1 marked. It is the original Pass Book issued by the M/s. Palamuttom Chits & investments, H.O. Palamuttom Buildings, Thevara, Cochin 13 to the complainant. The Pass Book shows that the chitty No. is 220 and Ticket No. is 22 and the sala is Rs.3 lakhs. Number of installments, is 60 and the due date is 25.62003. In the beginning portion of the conditions of the chitty it is stated that Sri.Salil Palamuttom, S/o. Abdul Majeed Rawther, Palamuttathu Veedu, Thevara Desom, Kanayannur Taluk, Ernakulam District was the Thalayal of the said chitty. The conditions also clearly stated the chitty No. installment details and its date of expiry. The book also shows the details of remittances made by the complainant on different dates in connection with the above chitty and show its balance amounts outstanding. At the time of examination of the complainant, she has stated that, 25.7.98- Ipdn-bn tNÀ¯p. Pass Book Xp. Collection hm§n XpS-§n.. .. Ipdn-bn Cu tcJ ( Pass Book) am{Xta DÅq.., .. ..25.798-þ\v tijw FXnÀ I£nsb I-n«nÃ. . . . .]-W-¯n\p thn Ipdn XoÀ-t¸Ä ]e {]mhiyw keo-ensâ ho«n sNn-cp-p.. . . . Rm³ sImSp¯ XpI apgp-h³ pass book- tNÀ¯n-«p-v. 22.1.2-000-þ BsI AS¨ XpI 9964/þ Fv ImWn-¨n-«p-v. While on examination of the opposite party he has stated that, Rm³ Ipd¨p-\m-fmbn KÄ^n-emWv tPmen. . . . KÄ^v cmPy§fn Nn«n-bpsS CS-]m-Sp-tm? (Q) AhnsS Nn«n \S-¯m³ ]än-Ã. (A) A¸sâ t]sc´mWv? (Q) aPoZv dmhp-¯À. (A) At±-l-¯n\v F´m-bn-cpp tPmen? (Q) Ex-Service man. Indian Navy-  Bbn-cp-p. At±l-¯n\v Fs´¦nepw Nn«n Øm]\w Dm-bn-cptm? (Q) Fsâ And-hn CÃ. M/s.Palamuttom Chitty (P) Ltd. liquidation \S-]-Sn-I-fn BsWv Adn-bmtam? (Q) F\n-bv¡-dn-bn-Ã. (A) Cu tIÊnse lÀPn-¡m-c³ Ext.A1 {]Imcw 69,964/þ cq]m Nn«nbn Cd-¡n-b-Xmbn ImWp-p.v (Q) _p¡ns\¡pdn¨v F\n-bv¡-dn-bn-Ã. (A) On reading of the above depositions by the parties it can be seen that even though the complainant had remitted the amounts, the opposite party has not returned the amounts to the complainant. Ext.A1 shows the details of the chitty and it shows clearly that the opposite party has conducted the chitty and neglected to pay back the remitted amounts to the complainant. The contentions raised by the opposite party are without any bonafides and it cannot be taken into valid grounds for denial of payment to the complainant. The opposite party has to repay the amounts to the complainant. On verification of the complaint, affidavits, depositions and all other matters of this case and a detailed hearing, we are of the view that the denial of the opposite party to give back the remitted chitty amounts to the complainant will come with the purview of the deficiency in service and the opposite party is to compensate for that. Issues 1 and 2 are found in favour of the complainant. Since there is deficiency in service on the part of the opposite party, the complainant is entitled to get compensation and costs from the opposite party. In the result, the complaint is to be allowed. Hence, we hereby direct the opposite party to return the remitted amount of Rs.69,964/- (Rupees sixty nine thousand nine hundred and sixty four only) to the complainant with 9% interest from 22.1.2000 and a compensation amount of Rs.10,000/- (Rupees ten thousand only) to the complainant for his mental agony, loss, inconvenience and gross negligence on the part of the opposite party in delay in repayment in time and a cost of Rs.1000/- (Rupees one thousand only) for the proceedings. We further direct the opposite party to pay the said amounts to the complainant within one month from the date of receipt of this order. Complaint allowed. Pronounced in open Forum on this the 14th day of August, 2008. Sd/- SRI. K. ANIRUDHAN : Sd/- SRI. JIMMY KORAH : Sd/- SMT. N. SHAJITHA BEEVI: APPENDIX:- Evidence of the complainant:- PW1 - Pushpa Mohandas (Witness) Ext.A1 - Pass Book Evidence of the opposite party:- RW1 - Salil Palamuttom (Witness) // True Copy // By Order Senior Superintendent To Complainant / Oppo. party/ S.F. Typed by:-pr/- Compared by:-
