CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.110/2017
SARVANA M.
S/O SHRI RAMA KRISHNAN
R/O SMR BHAVAN, CRA-132,
P.O. +TEHSIL+DISTRICT: KOLLAM,
KERALA- 691001…..COMPLAINANT
-
SREE GOKULAM CHIT & FINANCE CO. (P) LTD.
HAVING ITS OFFICE AT:
RAMJILAL COMPLEX, SHOP NO. 6 & 7,
01ST FLOOR, DDA CENTRAL MARKET,
KALKAJI, NEW DELHI – 110019
ALSO REGISTERED & CORPORATE OFFICE AT:
SREE GOKULAM TOWERS,
C.O. 66, ARCOT ROAD,
KODAMBAKKAM, CHENNAI- 600024
THROUGH ITS
MANAGING DIRECTOR ….OPPOSITE PARTY
Date of Institution-06.03.2017.
Date of Order-17.11.2022.
O R D E R
DR. RAJENDER DHAR-MEMBER
Complainant has instituted a complaint against the OP on 06.03.2017 under Section 12 and 14 of Consumer Protection Act, 1986 stating that after persuasion/ solicitations by the agent of OP who had approached him on 02.07.2014 at Kalkaji, the complainant opened his account with OP vide group Nol. G2H/4784 and ticket No. 09 by paying Rs. 20,000/- vide receipt No. 015149 dated 02.07.2014 and Rs. 25,000/- vide receipt No. 015150 dated 02.07.2014.
Commencement of Chit was scheduled on 21.07.2014 for a sum of Rs. 5,00,000/- and date of termination of above said chit was on 21.02.2016 for 20 months among 20 sharers. (Ex. CW1/1 & Ex. CW1/2(Colly).
Complainant has further stated that just after 4 months of joining the group on 02.11.2014 he has received prized amount of Rs. 3,75,000/-. The complainant had been paying net amount after deducting Dividend continuously from July 2014 to October, 2015. Complainant paid 16 regular Chitty or monthly Demands out of 20 monthly demands. The remaining 4 demands could not pay by him due to sudden and urgent transfer of job from referral Hospital, ITBP Force, Tigri Camp, New Delhi-110062 to referral Hospital, Gautam budh nagar, Greater Noida, U.P.
Complainant has further stated that the OP’s collection agent neither contacted nor approached him for collection of remaining chitty although OP had his contact Number/mobile Number. It has been further contended by complainant that the complainant on his own approached the OP’s Kalkaji office to know the status of the said chit fund and remaining outstanding amount, OP showed him huge outstanding of Rs. 1,86,454/- on 21.10.2016 but complainant had already paid Rs. 2,98,500/- to OP out of Rs. 3,75,000/-and hence the outstanding balance was only of Rs. 76,500/- which had to be paid by the complainant to OP with regard to his ticket No. 09.
It has been further stated by the complainant in his complaint that although he has paid the monthly demand to OP during 21.02.2016 to 21.11.2016 in his ticket No. 09 but the OP had concealed the said transaction pertaining to the said period. OP has also charged excessive interest rate on outstanding balance which is against the RBI guidelines.
Complainant has further stated that he is ready to pay the remaining balance of Rs. 76,500/- to OP and he should be issued NOC (No Objection Certificate) by the OP. Details of outstanding payment have already been tabled as Annexure ‘B’.
Legal notice dated 16.01.2017 were sent to OP however, no reply was received from the OP. Copy of legal notice and postal receipt have been enclosed with complaint marked as Annexure ‘C’ (Colly).
Reply to legal notice was sent by OP dated 31.01.2017 which is also enclosed with complaint marked as Annexure ‘D’.
Complainant has further stated that this is a irresponsible behavior and unfair trade practice of OP including deficiency in services and has prayed that orders be issued directing OP to accept balance amount of Rs. 76,500/- from the complainant and also issue NOC (No Objection Certificate) to the complainant, OP not to charge excessive interest for remaining Chitty of Rs. 76,500/- along with compensation of Rs. 1,00,000/- for undue hardship, harassment, mental agony and any such orders as deemed fit and proper by the Commission.
OP was provided various opportunities but OP preferred not to attend the proceedings notice was issued to OP but none appeared hence OP was proceeded Ex-parte on 11.05.2017.
The complainant filed Ex-parte evidence by way of an Affidavit on 13.12.2017 and written argument on 26.02.2018 are on record.
In the above given circumstances the contention of the complainant are duly supported with various enclosures/ annexures which have been duly Exhibited as evidence by way of affidavit like various receipts, details of outstanding balance, copy of legal notice along with receipt, copy of the reply to legal notice sent by OP.
All pleadings and submissions have remained unrebutted and unopposed by the OP hence, same are considered to be correct and true, although OP was fully aware of the issue since the legal notice was sent by the complainant which was duly received by OP on 31.01.2017.
After pursuing the complaint and the documents along with payment receipt, details of the monthly leisure extract of OP, outstanding balance and other documents regarding monthly payments and the other payment details filed by complainant which have been Ex. as CW1/1 to Ex. as CW1/5. It is established beyond doubt that the contents of the complainant are duly supported with all relevant and connected documents. These documents also proof beyond doubt the contentions and submissions of the complainant and have not been rebutted in any manner by OP.
It is seen that these are the documents issued by OP from time to time and perusal of the monthly leisure extract of OP does not show transaction details during 21.06.2014 to 21.02.2016.
Under these circumstances and after considering the complaint, evidence by way of an affidavit filed by complainant and written arguments, this Commission is of the considered view that the OP has indulged into unfair trade practices with intention to extract more money from the complainant who has been although regular in depositing monthly payments to OP which is evident from the documents on record. Hence, the Commission issues following orders:-
- OP is directed to receive an amount of Rs. 76,500/- from the complainant and OP is directed to issue NOC (No Objection Certificate) to the complainant.
- OP is directed to pay an amount of Rs. 25,000/- as compensation for hardship, harassment and mental agony suffered by the complainant due to behavior and unfair trade practice adopted by OP.
Copy of order be given to the parties as mandated by Consumer protection Act, 1986.
The order be uploaded on the website www.confonet.nic.in.
File be consigned to record room along with a copy of this order.
(Dr. RAJENDER DHAR) (RASHMI BANSAL) (MONIKA SRIVASTAVA)
MEMBER MEMBER PRESIDENT
