IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Thursday the 30th day of December, 2021
Filed on 30-05-2019
Present
1. Sri.S.Santhosh Kumar BSc.,LL.B (President )
2. Smt.P.R Sholy, B.A.L, LLB (Member)
In
CC/No.123/2019
between
Complainant:- Opposite parties:-
Smt.Beiatris Joseph 1. Sri.Telson (MD)
Kadappurathu Thayyil TMT CHITS PVT LTD.
Pathirappally P.O. Kuruppassery, Kunjithai P.O.
Alappuzha North Paravoor
(Adv.Sri.Jaya Mangalanandan) (Exparte)
2. Sri.Nelson Thomas (MD)
TMT CHITS PVT LTD
Kuruppassery, Kunjithai P.O.
North Paravoor
(Exparte)
3. The Managing Director
Head Office,TNT Chits Pvt.Ltd.
Door No.IMCV/450
Thottappally Complex
Madayikonam P.O.
Mapranam Irinjalakkuda
Reg.No.U65992KL2012PTCO1876
(Exparte)
4. Smt.Leetha Dennis (Manager)
Chenaparampil
Thuravoor, Cherthala
(Adv.Smt.Rajani K.N & Smt.Anila
Peter )
5. Smt.Latha Kunjumon (Br.Manager)
Sreevalsam, Kuruppamkulangara
Cherthala
(Adv.R.Rajendraprasad)
6. Smt.Preetha,
Vadakke Vilayil, Thunboly
Alappuzha
O R D E R
SMT.P.R SHOLY (MEMBER)
This is a consumer complaint filed under Sec.12 of Consumer Protection Act,1986.
Material averments briefly discussed are as follows:-
Opposite parties No.1 and 2 were the managing directors of the TNT CHITS PVT LTD and opposite parties 3 and 4 were its manager and 5th opposite party was its collection agent at Thumpoly branch. Under the inducement of the opposite parties and their promise to bid the chitty at initial stage husband of the complainant had joined in 2 chitties having sala Rs.3 lakhs each having No.KV/15 with bid Nos.16 and 33 and had paid Rs.1,70,215/- from 25.2.17 to 25.12.18 in one chitty and also paid Rs.1,67,965/- from 25.2.17 to 25.11.18 in 2nd one. In both chitties pass book were issued as Nos 14613 and 14602. The period of those chitty ended 25-7-19. Whenever the complainant tried to bid the chitty the 5th opposite party discouraged the complainant saying that it was benefited only at the last stage of the chitty.
2. In the meantime husband of the complainant died due to sudden illness on 31-7-18 and the complainant had faced difficulties to remit the further installment of the chitty. Thereafter on 13-2-19 the said chitty concern was closed down and also spread the news that the opposite parties were absconded. Hence the complainant filed this complaint for realizing Rs.6 lakhs being the deposited amount along with compensation Rs.2 lakh for deficiency in service from the opposite parties.
3. Opposite parties No.1 to 3 remained exparte.
As per order in IA No.139/2019, maintainability petition, opposite parties No.4, 5 and 6 were deleted from the party array in this complaint.
4. Points raised for consideration are as follows:-
- Whether the complainant is entitled to get the reliefs sought for in the complaint?
- Reliefs and cost?
5. The complainant filed chief affidavit and got marked Ext.A1 series, A2 series and A3. A1 series is the copy of 2 chitty pass book and A2 series is the copy of receipts regarding the payments of 2 chitties. Ext.A3 is the copy of death certificate of husband of the complainant.
6. The case of the complainant is that her husband had joined in 2 chitties to the TNT CHITS PVT.LTD. conducted by opposite parties No.1 and 2 in which opposite parties 4 to 6 were employees as branch manager and collection agent.
7. In preliminary objection of maintainability this Commission ordered the opposite parties 4,5 and 6 were deleted from the party array on a detailed hearing in the said petition. Complainant’s husband promptly paid the installments during his lifetime and thereafter some instalments were paid by the complainant. Further she could not complete the payment due to financial stringency. But during the period of said chitty opposite parties No.1 and 2 were absconded and knows the chitty institution has closed its business.
8. As per the evidence on records the complainant’s husband paid Rs.1,70,179/- in bid No.16 of chitty No.KV/15 and also paid Rs.1,61,728/- in bid No.33 of chitty No.KV/15 with opposite parties No.1 and 2. Before attaining the maturity period of the said chitty the chitty concern was shut down its business and opposite parties 1 and 2, the authority of the same, were absconded. According to the complainant her husband had joined the 2 Kuri with opposite party believing the words of the opposite parties that he could take auction of the chitty at the early stage of its commencement. But it did not happened due to the intervention of opposite parties and moreover that the amount paid by the complainant and her husband in the chitty was not yet been repaid by the opposite parties.
9. Opposite parties 1, 2, and 3 were set exparte. Opposite parties 4,5 and 6 were deleted from the party array as per IA No.139/2019. The evidence of the complainant remained unchallenged since opposite parties have given sufficient opportunity to substantiate their part. Therefore we have no hesitation to hold that opposite parties No.1 to 3 are liable to refund Rs.3,31,907/- (Three lakhs thirty one thousand nine hundred and seven) (Rs.170179 + Rs.1,61,728/-) with interest to the complainant. Opposite parties are liable to pay compensation to the complainant for mental agony sustained by her. The opposite parties are also liable to pay litigation cost since they ought to have settled the dispute at the very beginning.
10. Point No.2
In the result the complaint stands allowed in part.
- Opposite parties No.1 to 3 are jointly and severally liable to refund Rs.3,31,907/-(Three lakhs thirty one thousand nine hundred and seven) with interest @ 12% per annum from the date of complaint till realization.
- The opposite parties No.1 to 3 are jointly and severally liable to pay Rs.20,000/- as compensation and Rs.5,000/- as cost to the complainant.
The order shall be complied within one month from the date of the receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 30th day of September, 2021.
Sd/-Smt. P.R Sholy (Member) :
Sd/-Sri.S.Santhosh Kumar (President)
Appendix:-
Evidence of the complainant:-
Ext.A1 series - Copy of 2 chitty pass book
Ext.A2 series - Copy of receipts
Ext.A3 - Copy of death certificate of husband of the complainant
Evidence of the opposite parties:- NIL
///True Copy ///
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Compared by:-
