IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA
Dated this the 20th day of July, 2013
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
CC. No. 63/2013 (Filed on 17.05.2013)
Between:
Amarsha,
Kripa, Valiyakulam,
Cherukulanji P.O.,
Ranni. … Complainant.
And:
Sathi. P.S.,
Parackalethu Veedu,
Kakkadu Muri,
Perunadu Village,
Ranni-Perunad. … Opposite party.
ORDER
Sri. Jacob Stephen (President):
The complainant has filed this complaint against the opposite party for getting a relief from the Forum.
2. The complainant’s case is that he had given Rs. 20,000/- to the opposite party as advance for getting a visa. But the opposite party failed to arrange the visa as promised by her. So the complainant asked the opposite party to return the money given by him. But she had not returned the money. Thereafter a mediation with a help of some mediators were made and finally the opposite party agreed to return the amount on or before 10.04.2013 and an agreement was also executed in this regard. Thereafter, the opposite party paid an amount of Rs. 5,000/- on 18.04.2013 and promised to pay the balance amount within one week. But so far she had not returned the balance amount of Rs. 15,000/- as against the agreement executed and the undertaking given by the opposite party on 18.04.2013. The above said act of the opposite party is a clear deficiency in service which caused financial loss mental agony to the complainant and the opposite party is liable to the complainant for the same. Hence this complaint for the realization of Rs. 15,000/- with 10% interest per annum and compensation of Rs. 5,000/- as compensation and cost of this proceedings.
3. In this case, though the opposite party appeared before this Forum in person and prays for filing version which was allowed by this Forum. But she had not filed their version inspite of the chances given to her. Therefore, she was declared as exparte.
4. On the basis of the pleadings in the complaint, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the proof affidavit of the complainant and Ext. A1. After closure of evidence, complainant was heard.
6. The Point: The complainant’s allegation is that an amount of Rs. 15,000/- is due from the opposite party out of the total amount of Rs. 20,000/- given by him for getting a visa and the non-payment of the said amount is a deficiency in service and the opposite party is liable to the complainant for the same.
7. In order to prove the case of the complainant, the complainant filed a proof affidavit in lieu of his chief examination along with one document. The said document was marked as Ext. A1 on the basis of the proof affidavit. Ext. A1 is an agreement dated 25.02.2013 executed by the opposite party in a stamp paper worth Rs. 50/- in favour of the complainant.
8. On the basis of the proof affidavit and as per Ext. A1, it is seen that the opposite party had collected an amount of Rs. 20,000/- as advance from the complainant for arranging a visa to the complainant and no visa was arranged to the complainant in spite of her assurance and later the opposite party had executed an agreement in favour of the complainant agreeing to return the said amount on or before 10.04.2013 and further it is seen from the proof affidavit that the opposite party had given Rs. 5,000/- and she had not returned the balance amount so far in spite of her assurance. Since opposite party is exparte, we find no reason to disbelieve the claim of the complainant and hence the complainant’s case stands proved as unchallenged. The non-payment of the amount by the opposite party is a clear deficiency in service and hence we found that opposite party is liable to pay the balance amount. Therefore, this complaint is allowable.
9. In the result, this complaint is allowed, thereby the opposite party is directed to return Rs. 15,000/- (Rupees Fifteen thousand only) with 10% interest per annum from the date of filing of this complaint along with compensation of Rs. 1,000/- (Rupees One thousand only) and cost of Rs. 500/- (Rupees Five hundred only) to the complainant within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the whole amount with 11% interest from today till the realization of the whole amount.
Dictated to the Confidential Assistant, transcribed and typed by him, corrected by me and pronounced in the Open Forum on this the 20th day of July, 2013.
(Sd/-)
Jacob Stephen,
(President)
Smt. K.P. Padmasree (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant : Nil.
Exhibits marked on the side of the complainant:
A1 : Agreement dated 25.02.2013 executed by the opposite
party in favour of the complainant.
Witness examined on the side of the opposite party : Nil.
Exhibits marked on the side of the opposite party : Nil.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) Amarsha, Kripa, Valiyakulam, Cherukulanji P.O.,
Ranni.
(2) Sathi. P.S., Parackalethu Veedu, Kakkadu Muri,
Perunadu Village, Ranni-Perunad.
(3) The Stock File.
