IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday, the 30th day of November, 2009
Filed on 03.07.2009
Present
1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
- Smt. N. Shajitha Beevi (Member)
in
CC/No. 237/2009
between
Complainant:- Opposite Party:-
Sri. Purushothaman Nair St. George Kuries
Kalapurackal St. George Building, Cherthala
Maruthorvattom P.O. South, Represented by its
Cherthala Secretary K.V. Bernad
(By Adv. E.D. Zechariahs) Velasseril Veettil from
Kollothumparambil, Cherthala
South P.O., Cherthala
( By Adv. Harsha Kumar)
O R D E R
SRI. JIMMY KORAH (PRESIDENT)
The case of the complainant succinctly is as follows: - The complainant subscribed a chitty with the opposite party bearing chital No.4l0. As per the terms of chitty, the complainant had to remit Rs.200/- each as monthly installment for fifty months. The said chitty had commenced on 14th August 2008 and closed on 14th August 2010. The complainant unswervingly remitted 49 monthly installments of the said chitty. The last installment was not paid only for the collection agent of the opposite party did not turn up to procure the last installment amount. On expiry of the chitty period, the complainant approached the opposite party for the assured amount. The complainant is entitled to an amount of Rs.9800/- plus bonus amount Rs.1500/- from the opposite party as assured by them. Notwithstanding the complainant's recurrent requests and demands, the opposite party was disinclined to disburse the chitty amount to the complainant. Got aggrieved on this the complainant approached this Forum for compensation and relief.
2. On notice being served, the opposite party turned up, but was not keen on filing the version or challenging the case advanced by the complainant. With the result the opposite party was set ex-parte.
3. The complainant evidence consists of the testimony of the complainant, and the document Ext. Al was marked. As referred to earlier, the opposite party has not made it a point to assail the complainant case.
4. Taking into account the contentions of the complainant, the issues come up before us for consideration are:-
(l) Whether the complainant is entitled to obtain the chitty amount from the opposite party?
(2) If the opposite party committed deficiency of service?
5. The complainant’s case is that the complainant subscribed a chitty with the opposite party. He unfailingly remitted Rs.200/- each in every month for a period of 49 months. The complainant did not remit the last 50th installment, for the opposite party didn't turn up to collect the same. When the said chitty period expired, the complainant demanded the remitted chitty amount from the opposite party. Notwithstanding complainant's repeated request and insisting demands, the opposite party hasn't made it a point to disburse the chitty amount to the complainant. Bearing in mind the complainant contentions we meticulously perused the materials available on record. We cautiously went through the Ext. Al pass book which clearly illustrates that the complainant has remitted 49, installments. It is crucial to notice the complainant's essential contention that despite the said chitty was closed, the complainant was not given the remitted chitty amount. As we have already observed, the opposite party has neither turned up nor take any steps to challenge the complainant's case. However, as to the opposite party's offer of the bonus amount of Rs.1500/-, it appears that the complainant has not brought on record any material to show before us as to the said offer. In this context, we hold that the complainant is entitled to the remitted chitty amount of Rs.9800/-. The failure of the opposite party to disburse the complainant's paid chitty amount is, no doubt a service deficiency.
6. In the wake of the facts and findings herein above, the opposite party is directed to pay the complainant the remitted chitty amount of Rs.9800/- (Rupees nine thousand and eight hundred only) with 12% interest from the date of the completion of the chitty viz. 14th August 2010 till its recovery. The opposite party is further directed to pay to the complainant a compensation of Rs.2,000/- (Rupees two thousand only). The opposite party shall comply with the order of this Forum within 30 days of receipt of the same.
The complaint is allowed accordingly. No order as to cost.
Pronounced in open Forum on this Forum on this the 30th day of November, 2009.
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K.Anirudhan:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of the Chitty Pass Book
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
