By Sri. Chandran Alachery, Member:-
The complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite party to pay Rs.50,000/- as chitty sala with 15% interest from 2015 October onwards and also to pay Rs.25,000/- as compensation and cost of the proceedings.
2. Complaint in brief:- The Complainant joined in to a chitty conducted by the Opposite Party for a sum of Rs.50,000/- on 30.09.2013. The complainant paid the entire monthly payments with effect from 26.05.2015. The chitty closed endorsement is made by the Opposite party in the pass book issued to the Complainant. The Opposite Party thereafter did not pay the amount in the closed chitty to the Complainant even after several demands. The Opposite Party sought several dates for payment of cash to the Complainant but not fulfilled. On 2016 February, the Opposite Party issued a cheque in favour of Complainant for sum of Rs.47,500/- in account maintained by the Opposite party at Cathelic Cyrian Bank Kalpetta Branch. At the time of issuing cheque, the Opposite party offered that sufficient funds in the account. When the cheque was presented by the complainant, it was returned by the bank stating “Fund insufficient”. Now the Opposite party closed the office at Kalpetta. The Complainant filed a complaint to the Circle Inspector of Police, Kalpetta but no action was taken so far. The act of Opposite party is unfair trade practice and deficiency of service. Aggrieved by this, the complaint is filed.
3. On receipt of complaint, notice was issued to Opposite party. But the notice is returned stating that “Office Closed”. Since there is 'deemed service' the Opposite party is set exparte.
4. On perusal of complaint, affidavit the Forum raised the following points for consideration.
1. Whether there is unfair trade practice and deficiency of service from the part of
Opposite party?
2. Relief and cost.
5. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and documents are marked as Exts.A1 to A5. Ext.A1 is the dishonoured cheque No.892251 which was issued by Opposite Party to the Complainant. Ext.A2 is the cheque return memo stating funds insufficient. Ext.A3 is the chitty pass book and Ext.A4 is the notice issued by Opposite Party to the Complainant for settlement talk. Ext.A5 is the receipt issued by the Police of filing complaint against the Opposite Party to the Inspector of Police, Kalpetta. On going through the documents, Ext.A3 proves that the Complainant paid the entire subscription amount to the Opposite party and it is endorsed in Ext.A3. Exts.A1 and A2 documents proves that the cheque issued by the opposite party to the Complainant for a sum of Rs.47,500/- is dishonoured. There is nothing to disbelieve the case of Complainant. The act of Opposite Party is clearly unfair trade practice and deficiency of service. Point No.1 is found accordingly.
6. Point No.2:- Since point No.1 is found in favour of Complainant, the Complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the Opposite Party is directed to pay Rs.50,000/- (Rupees Fifty thousand) only to the Complainant with 12% interest from 2015 October onwards till payment. The Opposite Party is also directed to pay Rs.5,000/- (Rupees Five thousand) only as compensation and Rs.2,000/- (Rupees Two thousand) only as cost of the proceedings. The Opposite Party shall comply the order within 30 days from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 15th day of July 2016.
Date of Filing:28.04.2016.
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
/True Copy/
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Cheque for Rs.47,500/- dt:08.02.2016.
A2. Receipt. dt:04.04.2016.
A3. Pass Book.
A4. Letter.
A5. Receipt. dt:06.04.2016.
Exhibits for the opposite Party:
Nil.
