IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 20th day of November, 2017.
Filed on 10/03/2017
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.70/2017
Between
Complainant:- Opposite Parties:-
Sri.Gopalakrishnan Nair.S, 1. Sri. Salimon.PV,
Kaniyammuritharayil, Puthenparambu,
Ramapuram, Purakkad.P.O,
Keerikkadu.P.O, Ambalappuzha,
Alappuzha – 690508. Alappuzha.
2. Sri. Prasannan. V,
Karichil Veedu,
Palickal,
Thevalakkara.P.O,
Kollam.
ORDER
SRI. ANTONY XAVIER (MEMBER)
The Case of the complainant in short is as follows:-
The complainant on 30th November 2013 subscribed a chitty with the opposite parties’ chitty fund. The complainant effected remittance of Rs.2500/- (Two thousand five hundred) every month. The complainant in thus unfailingly remitted the chitty installments till 30th September 2017. The complainant in the said manner remitted a total amount of Rs.30000/- (thirty thousand). Thereafter when the complainant visited the opposite parties’ premises to remit the chitty installment the complainant surprisingly made out that the opposite parties’ institution was closed for ever. The complainant lodged a complaint before the Kariyalakulangara police station which evoked no meaningful response. The complainant is entitled to an amount of Rs.30000/- (thirty thousand) the amount he remitted with the opposite parties vide 12 installments. However the opposite parties are disinclined to disburse the said amount to the complainant till date. The complainant sustained mental agony as well as pecuniary loss. The complainant on being aggrieved on this approached this Forum for compensation and relief.
2. Though notices being served the opposite parties did not make it a point to turn up and challenge the complainant case. With the result the opposite parties were set ex- parties.
3. The complainant evidence consists of the statement of the complainant, and the document EXbt A1 was marked. As referred to earlier, the opposite parties have not made it a point to assail the complainant case.
4. Taking in to account the contention of the complainant, the issues come up before us for consideration are:-
- Whether the complainant is entitled to obtain the chitty amount he remitted from the opposite parties?
- If he opposite parties committed deficiency of service?
5. The complainant case is that the complainant subscribed a chitty with the opposite parties. He unfailingly remitted Rs. 2500/-(five thousand) each in every month for a period of twelve months. Thereafter next month the complainant arrived on the opposite parties’ premises to remit the said month’s
Installments. To his surprise the complainant found the opposite parties’ institution remain closed. The complainant lodged a complaint before the Kariyilakkulangara police station which yielded no results. According to the complainant the complainant is entitled to an amount of Rs. 30000/-(thirty thousand) the amount he remitted with the opposite parties vide twelve installments. Bearing in mind the complainant contention we made a careful survey of the materials available on record. We cautiously went through the Exbt A1 pass book which clearly illustrates that the complainant has remitted Rs.30000/- (thirty thousand) vide twelve installments. In the instant context, needless to say the complainant case inspires confidence in the mind of this Forum, and as such merit acceptance. As we have already observes the opposite parties have been reluctant to turn up before this Forum to challenge to complainants’ apparently probable case which has been more furthered by the Exbt A1 passbook. We have no hesitation to hold that the complainant case stands well-substantiated. The failure of the opposite parties to disburse the complainant’s paid chitty amount is, no doubt a service deficiency. We need hardly say, the complainant is entitled to relief. In the result, the complaint is allowed accordingly. However during the course of the said proceedings the complainant withdrew his contentions against the 2nd opposite party.
6. In the result complaint allowed the opposite parties are directed to pay the complainant the remitted chitty amount of 30000/-(thirty thousand) with 12% interest from 1st October 2014 till its recovery. The opposite parties are further directed to pay to the complainant a compensation of Rs. 2000/-(two thousand). The opposite parties shall comply with the order of this Forum within 30 days of receipt of the same.
Pronounced in open Forum on this 20th day of November 2017.
S/- Sri. Antony Xavier (Member) :
Sd/- Smt. Elizabeth George (President):
Sd/- Smt. Jasmine.D. (Member) : .
Appendix:-
Evidence of the complainant:-
Ext.A1 -Passbook
Evidence of the opposite parties :- Nill
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-ss/-
Compared by:-
