O R D E R
Sri. P. Satheesh Chandran Nair (President):
The complainant filed this complaint u/s.12 of C.P. Act for relief against the opposite parties. The case of the complainant is stated as follows: The complainant is a subscriber of a chitty run by opposite parties, as per the complaint the opposite party is a Private Limited Company incorporated under the Companies Act 1956. The complainant is joined the chitty bearing No.ATIE/PTA/14864 bearing Cust. ID-12620 for Sale of Rs. 1 lakh commencing from 22.05.2013. The complainant has already remitted an amount of Rs.16,400/- towards the said chitty. She has not auctioned any of the chitty nor has drawn any amount from that chitty after knowing that the opposite parties are having no proper records and that the firm is not functioning as per the norms of the Govt. The complainant decided to withdraw from the said chitty. The complainant contacted the Field Manager/Collection Agent on 01.08.2014, the employees of the 3rd opposite party, who used to collect some amount as chitty remittance in the complainant. These persons are also not given good response to the complainant. Afterwards the complainant contacted several staff of the 3rd opposite party which was also in vain. At last, the complainant sent a legal notice through her counsel on 03.09.2014 demanding the refund of the remitted amount. Even in this notice also the opposite parties neither given any response nor acted as per the notice. Opposite parties are jointly and severally liable to compensate the entire loss of the complainant, as their entire act is a clear proof of deficiency of service and unfair trade practice. Hence the complainant approached this Forum for a refund of the entire amount with interest of 12% per annum from the date of remittance till the realization and Rs.10,000/- towards physical strain and mental agony suffered by the complainant and other proper relief allowed by this Forum.
2. In this case, even though coercive steps has taken from this Forum for the appearance of opposite parties nobody appeared before the Forum. Hence all the opposite parties are declared as exparte.
3. On the side of the complainant, he himself examined as PW1 and marked as Ext.A1 to A4 along with chief affidavit filed by PW1. Then this Forum persue the testimony of PW1 as per the proof affidavit it reveals that she is a subscriber of the chitty run by opposite parties as a consumer of the opposite parties 1 to 3 and the opposite party is a Private Limited Company incorporated under the Companies Act 1956. She had joined a chitty bearing No.ATIE/PTA/14864 bearing Cust. ID-12620 for Sale of Rs. 1 lakh commencing from 22.05.2013 from the 1st opposite party through the office of the 3rd opposite party. She had remitted an amount of Rs.16,400/- towards the installment to the said chitty. She has not auctioned any of the chitty nor has drawn any amount from the said chitty and receiving an information to the effect that the opposite parties are having no proper records and the opposite partiers are not functioning as per the norms of the Govt., she decided to withdraw herself from the said chitty. She had contacted the Field Manager and the staff of 3rd opposite party in different times. But the result was in vain. She had sent a legal notice to the opposite parties on 03.01.2014 demanding the refund of the entire amount. That result was also in negative. All the opposite parties are jointly and severally liable to compensate her entire loss because the entire acts of the opposite parties are a clear proof of deficiency of service and unfair trade practice.
4. From the side of PW1, Ext.A1 to A4 were marked. The legal notice sent to the opposite parties on 03.09.2014 (3 in Nos.) is marked as Ext.A1 series. The chitty pass book is marked as Ext.A2, the
registered notice sent to opposite parties, which was returned unclaimed (3 in Nos.) marked as A3 series and the paper publication in Madhyamam daily and its bill are marked as Ext.A4 series.
On the basis of the pleading and exhibits marked on the side of PW1, the only point arised for consideration is that the relief sought for is allowable or not.
The evidence of the complaint consists of the chief affidavit of PW1 and Exts.A1 to A4. After the completion of the evidence complainant was heard.
Point No.1:- It is seen from the proof affidavit and the exhibit marked through the complainant we are come to a conclusion that the complainant is a subscriber of chitty run by the opposite parties and she has remitted Rs.16,400/- to that firm as per Ext.A2. The complainant herself taken so many steps to redress her grievances. In this regard it is seen that the opposite parties has not even respond against the grievances of the complainant. It is clear from the complaint that she stopped the payment of subscription to opposite party because of the knowledge gathered to the effect that the opposite parties are not functioning as per the norms of Govt. and no proper records for their function. The respondent either appear before the Forum or rebut this contention of the complaint. That is why we are admitting this contention in favour of the complainant.
The stand taken by the opposite party in this case is so evident to see that their intention is not fair and moreover they are evading from the process of the Forum also. Considering all these aspect we have come to a conclusion that 1st to 3rd opposite party committed unfair trade practices and committed deficiency in their service. Hence point No.1 found in favour of the complainant.
In the result, we are allowing the following relief.
- The complainant is entitled to realise Rs.16,400/- (Rupees Sixteen Thousand Four hundred only) with 10% interest from the opposite parties from the date of order to till its realization.
- The opposite parties are directed to pay compensation of Rs.10,000/- (Rupees Ten Thousand only) with a cost of Rs.2,000/- (Rupees Two Thousand only) to the complainant with an interest of 10% from the date of this order onwards.
Declared in the Open Forum on this the 28th day of February, 2015.
(Sd/-)
P. Satheesh Chandran Nair,
(President)
Smt. K.P. Padmasree (Member – I) : (Sd/-)
Smt. Sheela Jacob (Member – II) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Mini Unnikrishnan
Exhibits marked on the side of the complainant:
A1 series : Legal notice sent to the opposite parties on 03.09.2014
(3 in Nos.).
A2 : Chitty book is marked as Ext.A2.
A3 series : Registered notice returned unclaimed (3 in Nos.)
A4 series : Paper publication in Madhyamam daily.
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) Mini Unnikrishnan, Vadakke Veedu, Kannankara,
Pathanamthitta.P.O., Pin – 689 645.
(2) Shankar G. Das, Managing Director, Apple Tree India Pvt. Ltd.,
Regd. Office, Puthupally, Kottayam Dist – 686 011.
(3) Ajayan, Divisional Manager, Apple Tree India Pvt. Ltd.,
Kakkanattu Buildings, St. Peters Junction,
Pathanamthitta – 689 645.
(4) Bijoy Thomas, Branch Manager, Apple Tree India Pvt. Ltd.,
Kakkanattu Buildings, St. Peters Junction,
Pathanamthitta – 689 645.
(5) The Stock File.
