Karnataka

Kolar

CC/106/2023

Sri.R.Venugopal - Complainant(s)

Versus

Sri.NarayanaSwamy - Opp.Party(s)

29 Aug 2023

ORDER

 

Date of Filing: 13/06/2023

Date of Order: 29/08/2023

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, OLD D.C. OFFICE PREMISES, KOLAR – 563 101.

 

Dated:29^th DAY OF AUGUST 2023

SRI. SYED ANSER KALEEM, B.Sc., B.Ed., LL.B., …… PRESIDENT

SMT. SAVITHA AIRANI, B.A.L., LL.M., …..LADY MEMBER

CONSUMER COMPLAINT NO:106/2023

Sri. R. Venugopal,

S/o Erappa,

Aged about 28 years,

R/at No.23,

Indira Nagar,

Malur Town,

Malur.

 (Rep. by Sri. P.N. Srinath , Advocate)               ….  Complainant.

 

                                                                                                                - V/s –

Sri. Narayanaswamy,

S/o Krishnappa, Major,

R/at SBI Bank Building,

Near Government School,

Chikka Thirupathi Village,

Lakkur Hobli,

Malur Taluk.

(Ex-parte)                                                          ….Opposite Party.

 

 

-: ORDER:-

BY SRI. SYED ANSER KALEEM, PRESIDENT

1. This is the complaint filed under section 35 of the Consumer Protection Act 2019 against the Opposite party alleging deficiency in service on the part of the Op and pray for direction to refund the amount of Rs.12,80,000/- paid towards chit against the discontinuation of the chit along with the interest or such other relief as this Hon’ble Commission may deem fit in the ends of Justice.

 

2. The brief facts of the complaint petition is that, the Opposite party was running the Chit transaction and the complainant subscribed the two chit consisting of each Chit Prize amount is Rs.10,00,000/-and accordingly complainant paid monthly chit amount of Rs.10,000/- each to the said chit. It is alleged that, the Op without intimating the complainant-subscriber stopped the chit, and an enquiry by the complainant and the Op intimated that, the some of the subscribers of the chit not paying the chit subscription amount and they are at default and hence stopped the chit. That the complainant states that, he demanded the amount of Rs.12,80,000/- paid towards two chit, but the Op for one reason or the other postponed the days without paying the amount. It is stated that, when the Op failed to pay the above chit amount, ultimately complainant got issued the legal notice and the said notice returned back on account of door lock and having no alternative filed this present complaint.

 

3. On issuance of notice and despite service of notice, Op failed appear before this Commission in order to answer the claim of the complainant and consequently Op placed Exparte.

 

4. In order to prove the case of the complainant and the complainant filed his affidavit evidence and also filed supporting documents.

 

5. On the basis of the pleadings averred in the complaint and the evidence placed on record, the following points will do arise for our consideration.

 

 

1. Whether the complainant proves that Op is deficient in his service by not refunding the Chit amount on account of discontinuous of Chit transaction without intimating to the complainant?

2. Whether the complainant is entitled for the relief as sought in the complaint?

3.  What Order?

 

6. Heard the arguments of the complainant and perused the evidence placed on record.  Our findings to the above points are as follows.

 

POINT NO. (1)& (2):- In the affirmative.

POINT NO. (3):-        As per the final order

                                 for the following.

 

REASONS

7. POINT No (1) & (2):- These points are interlinked to each other and hence taken up together for common discussion, for the sake of convenience and to avoid repetition of reasoning.
8. On perusing averments made in the complaint and the affidavit evidence placed on record, it is the specific allegation of the Complainant is that, the Op was running the chit transaction and the Complainant subscribed two chit and he was contributed monthly Rs.10,000/- each towards two chit and he was paid total amount of Rs.12,80,000/- but the Op discontinued the said chit business without intimating to the complainant. Further complainant stated that, on enquiry Op intimated that, due to some of the chit subscriber were not paying the monthly chit amount and postponed the refund of the amount and not refund the amount contributed towards chit and finally he got issued the legal notice.
9. In order to substantiate the case of the complainant and the complainant deposed in the affidavit all the facts averred in the complaint and also produced the chit transaction pass book and its entries made therein. On perusal of the said chit transaction entries made in the pass book it is evident that the complainant monthly contributed Rs.20,000/-towards the chit transactions and the payment reveals that chit commences from 30-06-2018 and the complainant on 30-06-2018 who paid the first chit subscription amount and payments were made month by month regularly for 64 months and it comes to Rs. 12,80,000/- and the entries made in the chit pass book is sufficient proof in absence any rebuttable evidence. Furthermore, when the notice duly served on the Op but the Op failed to appear before this commission in order to answer the claim of the complainant. Furthermore on perusal of the legal notice, and postal acknowledgment due, it is evident that though notice served on the Op but the Op for reason best known to him avoided to enter appearance either himself or through advocate, under the circumstances the allegations made in the complaint remained unchallenged. Hence we cannot disbelieve the evidence placed on record and accordingly we reached to conclusion that, complainant duly contributed Rs.12,80,000/- towards chit subscription but the Op himself discontinued the chit transaction and failed to refund the chit contribution amount and thereby it is clear deficiency in service on the part of the Op.

 

10. Further on perusal of the entries made in the Chit pass book issued by the Op it is evident that, the complainant totally paid Rs.12,80,000/- towards chit as averred in the complaint and affidavit evidence. In absence of any rebuttable evidence and on the basis of the evidence placed on record, we deem just and proper to hold that the Op is liable to pay a sum of Rs.12,80,000 to the complainant. It is noteworthy to mention that, if the complainant invested the amount contributed towards chit in any Nationalization bank and on keeping the said amount in fixed deposit for the fixed term such deposit amount certainly earns interest. Hence we deem just and proper to direct the Ops to pay interest at the rate of 7% pa from the date of complaint till its realization of the amount. Accordingly we answered the point no. (1) & (2) in the affirmative.

 

11.    Point No. (3):- On the basis of the answering the points No (1) and (2) and the reasons assigned thereon, we proceed to pass the following

     ORDER

1.  The complaint is allowed.

2. The Opposite party is hereby directed to pay Rs.12,80,000/- to the complainant along with interest at the rate of 7% pa from the date of filing the complaint till realization of the amount.

3. Further OP is directed to pay Rs.1,000/-towards the cost of litigation.

4. Further Op is directed to comply the directions shown at Sl. No. (2) to (3) and submit the compliance report to this Commission within 45 days from the date of orders.

5. Send a copy of this order to all the parties to   the proceedings at free of cost.

     (Dictated to the Stenographer, transcribed by him, corrected    and then pronounced by us on this 29^th DAY OF AUGUST 2023)

 

 

 

 

               LADY MEMBER                      PRESIDENT