IN THE CONSUMER DISPUTES REDRESSAL COMMOSSION, ALAPPUZHA
Tuesday the 16th day of November, 2021
Filed on 30.05.2019
Present
1. Sri.S.Santhosh Kumar.BSc. LLB(President)
2. Smt. C.K.Lekhamma. BA,LLB(Member)
In
CC/No.124/2019
Between
Complainant:- Opposite parties:-
Smt. Jaisy Joseph 1. Sri. Telson(MD)
Charuvil, Kalavoor, P.O TMT CHITS Pvt. Ltd
Alappuzha-688522 Kuruppassery, Kunjithai.P.O
North Paravoor.
2. Sri. Nelson Thomas(MD)
TMT CHITS Pvt. LTD
Kuruppassery, Kunjithai.P.O
North Paravoor
3. The Managing Director
Head Office,
TNT Chits (Pvt.) LTD
Door, No. IMCV/450
Thottappally Complex
Madayikonam.P.O, Mapranam
Irinjalakkuda.
Op 1 to 4 Exparte)
O R D E R
SMT. C.K.LEKHAMMA(MEMBER)
1. Brief facts of complainant’s case are as follows:-
The complainant is a house wife and she is the subscriber of the Chitty conducted by the opposite parties bearing No. J24 for an amount of Rs.25,000/- (Rupees Twenty five thousand only) for the duration of 20 months. The monthly installment fixed was Rs. 1250/- per month. The complainant has been paid 8 installments ie, from 3/5/2018 to 31/12/2018. The amount comes at Rs. 7,816/- except the allowable interest. But on 13/2/2019 she got an information that opposite parties close down all their branches and she was shocked to hear said news. She is a spendthrift who saved money from the meager amounts given by her husband for house hold expenses thus she had saved to the tune of Rs.1,250/- which was deposited with opposite party.
According to the complainant as per the agreement between the complainant and the 1st and 2nd opposite party that they shall be liable to the complainant for the amount due with them. Hence the complainant filed this complaint to realize the amount deposited with opposite parties and also to realize compensation for deficiency in service from the opposite parties.
The complainant filed proof affidavit Ext.A1 series and A2 were marked. Opposite parties 1 to 3 remained absent after the receipt of notice from this Commission. The other opposite parties 4 to 6 has been deleted from the party array as per the order in IA. No.135/2019.
2. The point raised for consideration are as follows:-
1. Whether the complainant is entitled to get the reliefs sought for?
2. Relief and cost if any?
3. Point No.1:-
The case of the complainant is that she is a house wife. She was induced by opposite parties collection agent, accordingly she joined a chitty with opposite parties 1 to 3 and she promptly paid the instalments. During the period of chitty opposite parties 1 and 2 were absconded. The complainant suffered untolerable mental agony since she joined the chitty with great expectation and she saved money for the installments from the meager amount of her husband’s daily earnings. Ext.A1 series receipts revealed that complainant paid eight instalments and Ext.A2 is the Pass book of the concerned chitty. As per the evidence on records the complainant paid Rs.7816(Rupees Seven thousand eight hundred and sixteen only) with the opposite party.
The opposite party did not appear before this Commission even after the receipt of notice. Opposite parties 4 to 6 were deleted from the party array as per IA .No.135/2019. 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 1 to 3 are liable to refund Rs.7,816/-(Rupees seven thousand eight hundred and sixteen only) with interest to the complainant. We have already found that the complainant suffered mental agony. The opposite parties are liable to pay compensation on that account to the complainant. Moreover opposite parties are also liable to pay litigation cost since they ought to have settled the dispute at the very beginning.
4. Point No.2 :-
In the result we allow the complaint and direct that
A) The opposite parties 1 to 3 are jointly and severally liable to refund Rs.7,816/- (Rupees seven thousand eight hundred and sixteen only) with interest at the rate of 9% per annum from the date of complaint till realization.
B) The opposite parties are jointly and severally liable to pay Rs. 5,000/-(Rupees five thousand only) as compensation and Rs. 2000/-(Rupees two thousand only) as litigation cost to the complainant.
The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 16th day of November, 2021.
Sd/-Smt. C.K.Lekhamma(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1series - copy of receipts
Ext.A2 - Original Pass Book
Evidence of the opposite parties:- Nil
///True Copy ///
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Compared by:-
