IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 30th day of August, 2017.
Filed on 10/03/2017
Present
- Smt. Elizabeth George, President
- Sri. Antony Xavier (Member
- Smt. Jasmine.D. (Member)
in
C.C.No.71/2017
between
Complainant:- Opposite Parties:-
Gopalakrishnan. Nair. S. 1. Sri. Prasannan. M.
Kaniyammuritharayil Puthenveettil
Ramapuram Erikkavu P.O.
Keerikkadu P.O. Karthikappally, Alappuzha
Alappuzha – 690 508 (By Adv. Abhilash C. Soman)
2. Smt. Saleena Shaji
Ali Manzil, Ayikkadu
Cheppadu P.O., Alappuzha
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The case of the complainant succinctly is as follows:-
The complainant on 20th December 2013 subscribed a chitty with the opposite parties. The prize money of the said chitty was Rs.1 lakh. The complainant had to remit Rs.5,000/- as monthly payment for twenty months. The complainant unfailingly remitted the chitty installments for a period of ten months. The opposite parties had offered to provide the prize money on 11th month to the complainant. On 11th month, the complainant approached the opposite parties for the chitty amount as assured by the opposite parties. Surprisingly the opposite parties’ institution was found closed. The complainant lodged a complaint before the Kanakakkunnu Police Station which evoked no meaningful response. Consequent upon this the complainant was constrained to approach this Forum. The complainant is entitled to an amount of Rs.50,000/- the amount he remitted with the opposite parties vide ten installments. However, the opposite parties are disinclined to disburse the said amount to the complainant. Got aggrieved on this the complainant approached this Forum for compensation and relief.
2. On notice being served, the 1st opposite party turned up, and filed version. The 2nd opposite party did not make it a point to appear before this Forum. With the result the 2nd opposite party was set ex-parte. The 1st opposite party contends that the opposite parties’ institution was functioning in line with the concerned rules of the Kerala State Government, and the same comes under the frontier of Co-operative Societies Act. The Police have registered a case against the opposite parties resultantly on a complaint by the complainant. As a matter of fact the complainant has manipulated the entries in the chitty book. The opposite parties are not at all liable for any amount as claimed by the complainant. The complainant has approached this Forum alleging untruthful facts. The complaint is liable to be dismissed with cost to the opposite parties, the f1st opposite party contends.
3. The complainant’s evidence consists of the proof affidavit of the complainant, and the document Ext.A1 was marked. The 1st opposite party save filing version, seemingly no evidence was let in. As referred to earlier, the 2nd opposite party has not made it a point to assail the complainant’s case.
4. Taking into account the contentions of the complainant, the issues come up before us for consideration are:-
1) Whether the complainant is entitled to obtain the chitty amount he remitted from the opposite parties?
2) If the opposite parties committed deficiency in service?
5. The complainant’s case is that the complainant subscribed a chitty with the opposite parties. He unfailingly remitted Rs.5,000/- each in every month for a period of ten months. Thereafter on 11th month, the complainant approached the opposite parties for the chitty amount as offered by the opposite parties. The complainant found the opposite parties’ institution remained closed. The complainant lodged a complaint before the Kanakakkunnu Police Station which yielded no results. According to the complainant, the complainant is entitled to an amount of Rs.50,000/- the amount he remitted with the opposite parties vide ten installments. Bearing in mind the complainant’s contentions we meticulously perused the materials available on record. We cautiously went through the Ext.A1 Passbook which clearly illustrates that the complainant has remitted Rs.50,000/- vide ten installments. The opposite party’s contentions appear apparently false and fanciful. In the instant context, needless to say the complainant’s case inspires confidence in the mind of this Forum, and as such merit acceptance. The opposite parties apparently committed deficiency of service and unfair trade practice. We hold that the complainant is entitled to the remitted chitty amount of Rs.50,000/-. The failure of the opposite parties to disburse the complainant’s paid chitty amount is, no doubt a service deficiency.
In the result, complaint allowed. The opposite parties are directed to pay the complainant the remitted chitty amount of Rs.50,000/- (Rupees fifty thousand only) with 9% interest per annum from the date of institution of this complaint till its recovery. The opposite parties are further directed to pay to the complainant a compensation amount of Rs.2,000/- (Rupees two thousand only). The opposite parties shall comply with the order of this Forum within one month from the date of receipt of this order.
Pronounced in the Open Forum on this the 30th day of August, 2017.
Sd/- Sri. Antony Xaiver (Member) :
Sd/- Smt. Elizabeth George(President) Sd/- Smt. Jasmine.D. (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Passbook
Evidence of the opposite parties :- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Oppo. Parties/S.F
Typed by:- Br/-
Compared by:-
