IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,

Dated this the 26^th day of June, 2014.

Present : Sri. Jacob Stephen (President)

Smt. K.P. Padmasree (Member-I)

Smt. Sheela Jacob (Member-II)

C.C. No. 54/2014 (Filed on 02.05.2014)

Between:

Asha John,

Puthenvilayil House,

Mallassery Post,

Pathanamthitta District,

Pin – 689 646.                                                            …  Complainant.

(By Adv. Mammen Papply Adeneth)

And:

1. Shankar.G. Das.,

Managing Director,

Apple Tree India Pvt. Ltd.,

Regd. Office, Puthupally,

Kottayam District,

Pin – 686 011.

1. Ajayan,

Divisional Manager,

Apple Tree India Pvt. Ltd.,

Kakkanattu Building,

St. Peters Junction,

Pathanamthitta – 689 645.

1. Bijoy Thomas,

Branch Manager,

Apple Tree India Pvt. Ltd.,

Kakkanattu Building,

St. Peters Junction,

Pathanamthitta – 689 645.                                 …  Opposite parties.

ORDER

Smt. Sheela Jacob (Member-II):

                   This is a complaint alleging deficiency in service against the opposite Parties.

                     2. The grievance of the complaint in brief is as follows:  The complainant was a subscriber in 2 chitties conducted by the Opposite Parties.   The 1^st opposite party is the Managing Director and the 2^nd and 3^rd opposite parties are the Divisional Manager and Branch Manager respectively.  The complainant has joined in a chitty bearing ATIE/PTA/ 4107 bearing Customer ID No. 3303 having Sala of Rs. 1,00,000/- commenced from 25/09/2012 and bearing No. ATIE/PTA/9249 bearing customer ID No. 3303 having sala of Rs. 1,00,000/- commenced from 14.01.2013.  The complainant paid Rs.  56,600/- in the first chitty and Rs. 34,550/- in the 2^nd chitty so far. Thereafter the complainant has got some information about the opposite parties that they were not maintaining proper records and that the firm is not functioning as per the norms of the Government. So the complainant decided to stop the subscription. The complainant had not auctioned the chitties and she had not availed any loan by pledging the chitties.  Since the things are being so, complainant demanded the opposite parties to pay back the paid amount which was declined and the 3^rd opposite party was not responded properly in this matter and no communications from the side of the opposite parties thereafter.  So the complainant sent legal notices to the opposite parties demanding the entire amount, but it was returned as unclaimed by the opposite parties.  Non payment of the chitty amounts by the opposite parties is a clear deficiency in service which caused financial loss and mental agony to the complainant and hence opposite parties are liable to the complaint for the same.  Hence this complaint for an order directing the opposite parties to refund the entire amount with 12% interest along with compensation of Rs. 10,000/- for the mental agony, financial loss etc. She also prays for allowing the cost of this proceedings.

                   3. In this case Opposite Parties are exparte.

                    4. Evidence of this complaint consists of the proof affidavit of the complainant and Exts. A1 to A3 series.  After closure of evidence, complainant was heard.

                    5. The point for consideration is whether there was any deficiency in service on the part of the opposite parties and if so, for what relief, the complainant is entitled?

                    6. The Point:  The complainant’s case is that the first chitty amount of Rs. 56,600/- and second chitty amount of Rs. 34,550/- paid by her to the opposite parties was not refunded by the opposite parties and the opposite parties are liable to pay the said amount to the complainant.  

                     7. In order to prove the case of the complaint, the complainant filed a proof affidavit along with 3 documents.  On the basis of the proof affidavit; documents produced are marked as Ext. A1 to A3.   Exts. A1 series (Exts. A1 to A1(b) are the office copy of the legal notices dated 17.10.2013 issued to the opposite parties for the complainant.  Exts. A2 series (A2 to A2(c) are the chitty pass books of the complainant evidencing membership.   Ext A3 series (Exts. A3 to A3(b) are the registered notices sent to the opposite parties which are returned as unclaimed.

                   8. Ext. A2 series are the photocopies of the chitty passbooks relating to the chitty transactions which would shows that the chitties were commenced from 25.09.2012 and 14.01.2013 and the complainant has remitted Rs. 52,600/- and Rs. 34,550/- in cash.  Therefore, it is clear that the complainant had remitted total amount of Rs. 87,150/- to the opposite parties.  Since the Opposite Parties are exparte, we find no reason to disbelieve the allegations of the complainant. Hence the complainant’s case stands proved as unchallenged.  The above said act of the opposite parties is a clear deficiency in service.  The complainant has stated in her proof affidavit that he had undergone severe mental agony and financial loss. Hence this complaint is allowable.

                   9.  In the result, this complaint is allowed, thereby the opposite parties are directed to return the amount of Rs. 87,150/- (Rupees Eighty seven thousand one hundred and fifty only) remitted by the complainant as per Exts. A2 series pass books (A2 to A2(c) with interest @ 10% per annum from the date of filing of this complaint along with Rs. 1,000/- (Rupees One thousand only) as cost to the complainant within 30 days of receipt of a copy of this order, failing which the complainant is allowed to realize the whole amount ordered here in above with 12% interest per annum from today till the realization of the whole amount.

                   10. However interest is allowed for the principal amount, no orders for compensation.             

Declared in the Open F orum on this the 26^th day June 2014.

                                                                                        (Sd/-)

                                                                                     Sheela Jacob

                                                                                     (Member –II)

Sri Jacob Stephen (President)                       :     (Sd/-)

Smt K.P. Padmasree (Member-I)          : (Sd/-)

Appendix:

Witness examined on the side of the complainant: Nil.

Exhibits marked on the side of the complainant:

A1 to A1(b) :       Office copy of the legal notices dated 17.10.2013 issued

                               to the opposite parties for the complainant. 

A2 to A2(c)  :        Photocopies of chitty pass books of the complainant.

A3 to A 3(b) :      Unclaimed registered notices.

Witness examined on the side of the opposite parties : Nil.

Exhibits marked on the side of the opposite parties : Nil.     

                                                                                                (By Order)

                                                                                                    (Sd/-)

                                                                                       Senior Superintendent

Copy to:  (1)  Asha John, Puthenvilayil House, Mallassery Post,

                        Pathanamthitta District, Pin – 689 646.                                                             (2)  Shankar.G. Das., Managing Director, Apple Tree India Pvt. Ltd.,

              Regd. Office, Puthupally, Kottayam District, Pin – 686 011.

1.  Ajayan, Divisional Manager, Apple Tree India Pvt. Ltd.,

              Kakkanattu Building, St. Peters Junction,Pathanamthitta – 689 645.

1.   Bijoy Thomas, Branch Manager, Apple Tree India Pvt. Ltd.,

              Kakkanattu Building, St. Peters Junction,Pathanamthitta – 689 645.

      (5)   Stock file.