IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of April, 2011
Filed on 02.12.09
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.412/09
between
Complainant:- Opposite Parties:-
Sri.G.Vijayan Pillai, 1. Providence Chitty Fund,
Karthika Veetttil, Eramalloor.P.O., Cherthala.
Aroor,
Cherthala. 2. Providence Finance,
Eramalloor.P.O., Cherthala.
3. Smt.Joyse Antony,
Nalampurackal House,
Thuravoor.P.O., Cherthala.
4. Smt.Kathreena Augustine,
-do-
5. Sri.Varghese Antony,
-do-
6. Sri.Willson Antony,
-do-
7. Sri.Sibi Augustine,
-do-
8. Sri.Saji Augustine.
-do-
9. Sri.Sojan Augustine,
-do-
10. Smt.Sony
-do-
(By Adv.G.Priyadarsan Thampi)
O R D E R
SRI.K.ANIRUDHAN (MEMBER)
Sri.G.Vijayan Pillai has filed this complaint before the Forum alleging deficiency in service on the side of the opposite parties. The main allegations are as follows:- The opposite parties were engaged in the business of financial dealings by name and style M/s. Providence Chitty Fund, and M/s. Providence Finance at Eramalloor, which is administered through their partnership firm and in giving money on the security of Gold and Land. They are also engaged in the business of accepting deposits from local people by offering attractive interest. On their assurance, he had deposited a total sum of Rs.1,00,000/- (Rupees one lac only) on 11.03.08 and 26.03.08 before the said firm, M/s. Providence Finance. At the time of accepting deposits the opposite parties issued pass books to him after sealed and signed – A/c No.6/08. He has also joined in the chit No.226 as the 12th chital after remitting amount at the rate of Rs.2,000/- (Rupees two thousand only) up to 10th installments having a total sum of Rs.20,000/- (Twenty thousand only). While so one of the partner Sri.Augustine expired on 23.02.2008 and after that the legal heirs are administered the firm. Since the opposite parties defaulted the repayment of the fixed deposit and chiti amount he had requested the opposite parties to return the amount. But the opposite parties have not turned up. The opposite parties had abanded the business from 09.12.2008 onwards and closed the firm. The depositor along with other depositors enquired about the said promoters. But it was learnt that the opposite parties were absconded. He has not obtained any relief from the opposite parties regarding the repayment of the amounts with interest. Hence this complaint.
1. Notices were issued to the opposite parties. The opposite parties 4 and 7 to 10 have entered appearance and filed version. Other opposite parties are exparte.
2. In the version filed by the 4th opposite party and opposite parties 7 to 10, it is stated that the complaint is not maintainable in the Forum and that the complaint is not come within the purview of Consumer Protection Act. Opposite parties 1 and 2 are the registered partnership firm. The 4th opposite party and opposite parties 7th to 10th have no dealings with the above said firm, and they have no contact with the firm, and they have ignored the allegation of dealings since they have no right to participate in the firm. It is further stated that they have no knowledge about the remittance of money, if any by the complainant. It is stated that their father expired on 23.02.2008 and that they have no information about dealings. The complaint is to be dismissed since the allegations are false.
3. Considering the contentions of the parties, this Forum has raised the following issues for consideration.
1) Whether there is any deficiency in service on the side of the opposite parties?
2) Whether the complainant is entitled to get the amount from the opposite party?
3) Compensation and costs?
Issues 1 to 3
4. Complainant has filed proof affidavit in support of his case and filed documents in evidence Ext.A1 and A2 marked. Ext. A1 is the Original Pass Book issued by the opposite parties to the complainant at the time of joining the chit bearing No.226. It shows that the complainant had remitted a total sum of Rs.20,000/- (Rupees twenty thousand only) up to 10th installment. The book shows that 06.02.08 was the date for the termination of the said Chit. Ext.A2 is the original Pass Book issued by the opposite parties to the complainant– A/c.No.06/08 at the time of the deposit of an amount of Rs.1,00,000/- (Rupees one lac only) before the firm – M/s. Providence Finances - on 11.03.2008 and 26.03.2008 by the complainant. The Ext. A2 shows that an amount of Rs.1,00,000/- (Rupees one lac only) is the outstanding amount to be repaid.
5. 7th opposite party has filed counter affidavit denying the allegation of the complainant and produced documents in evidence marked as Ext. B1 and B2 and submitted that they have no oral evidence. Ext. B1 is the certified extract of entries in the Register of firm kept by the Registrar of firm, showing the name of the firm M/s Providence Chitty Fund and its partners, its date of registration, duration of the firm etc. Ext. B2 is the certified extract of entries in the register of firm kept by the Registrar of the firm, showing the name of the firm – M/s Providence Finances, its partners, date of Registration, duration of the firm etc.
6. We have fully verified the matter involved in this case and perused the documents produced by the both parties in evidence. It is alleged by the complainant that he had deposited a sum of Rs.1,00,000/- (Rupees one lac only) on different dates (on 11.03.2008 and 28.03.2008)in the firm of the opposite parties and joined in the Chiti No.226 and remitted a total sum of Rs.20,000/- (Rupees twenty thousand only). Ext.A1 documents clearly shows that matter. In spite of the repeated request of the complainant to release the amounts, the opposite parties have not taken any sincere attempt to repay the amount with interest to the complainant in time. Instead of taking necessary earnest steps to repay the amount, the opposite parties have evaded from the liability purposefully. The action of the opposite parties shows their cheating nature and unfair trade practice, and it was highly illegal and arbitrary.
7. The complainant is fully entitled to get back the amounts from the opposite parties. But the opposite parties have not turned up. The entire action of the opposite parties shows that there is grossest deficiency in service, culpable negligence and unfair trade practice. The opposite parties are bound to repayment of the amount and that there is no justification on the side of the opposite parties to deny the repayment. The contentions of the opposite parties cannot be accepted as valid grounds to deny repayment and it lacks bonafides. Since there is grossest deficiency in service, culpable negligence, unfair trade practice and cheating on the side of the opposite parties, they are fully liable to pay compensation and cost to the complainant. The contentions of the opposite parties raised by them, in this transaction, have no merit and cannot be accepted and the documents cannot be considered for their denial to repay the amount. The opposite parties are jointly and severally liable to repay the amount with interest to the complainant. The opposite parties cannot be evaded for the liability to pay the amount by raising unnecessary contentions regarding partnership firm. They are fully bound to repay the amounts to the complainant. So considering the facts and circumstances of this case and after perusal of the documents in evidence, we are of the strong view that the allegation of the complainant against the opposite parties are to be treated as genuine. In this context, the complainant is to be allowed. All the issues are found in favour of the complainant. Hence the complaint is allowed.
In the result we hereby direct the opposite parties to return the deposited amount of Rs.1,00,000/- (Rupees one lac only) and Rs.20,000/- (Rupees twenty thousand only) collected by the opposite parties by way of chitty amount, to the complainant with 14% interest from the date of deposit and for the date of collection to till the repayment of the entire amount and further pay an amount of Rs.10,000/- (Rupees ten thousand only) as compensation to the complainant for his mental agony, pain, sufferings, physical strain, loss and harassment of the opposite parties by way of purposeful denial of the repayment of the said amounts with interest in time to the complainant, due to the grossest deficiency in service, culpable negligence, cheating and unfair trade practice of the opposite parties. We further direct the opposite parties to pay an amount of Rs.2,000/- (Rupees two thousand only) to the complainant as costs of this proceedings. We hereby further ordered that the complainant is free to proceed against the assets of the opposite parties for the realization of the said amounts in case any default to pay the said amounts to him by the opposite parties. We further direct the opposite parties to comply with this order within 30 days from the date of this order.
Complaint is allowed.
Pronounced in open Forum on this the 30th day of April, 2011.
Sd/-Sri. K. Anirudhan
Sd/-Sri. Jimmy Korah
Sd/-Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Ext. A1 - The Pass Book issued by Providence Chitty Fund, Chitty No.226
Ext. A2 - The Pass Book issued by Providence Finances, A/c No.6/08
Evidence of the opposite parties:-
.
Ext. B1 - Register of Firms – Providence Chitty Fund
Ext. B1 - Register of Firms – Providence Finances
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by: - P.R/-
Compared by:-
