By. Smt. Renimol Mathew, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite parties to give the chitty amount of Rs.95,000/- with interest, cost and compensation.
2. Brief of the complaint:- The complainant was the subscriber of opposite parties chit No.KOB 82/11 of sala 1 Lakh conducted by opposite party's Ambalavayal Branch. This complainant joined the above said chitty on 30.09.2013. He was very prompt in payment and the chitty was terminated on 30.04.2015. Thereafter this complainant approached the opposite party's office to get back the chitty amount of Rs.95,000/- after deducting the commission. But each and every occasions this opposite party's said lame excuses and not paid the amount so far. Later on 05.08.2015 this complainant approached the opposite party to get the chitty amount. Instead of giving money the opposite parties had given two cheques of Rs.50,000/- and Rs.45,000/- dated 10.08.2015 and 31.08.2015 respectively to this complainant. But just before the presentation of the cheque opposite party requested few more time. As per the request by opposite party this complainant have not presented the cheque. But thereafter till the date of this complainant, opposite party was not ready to pay the cheque amount. Hence filed this complaint alleging deficiency of service against opposite parties.
3. Notices send to opposite parties. Opposite party No.1 to 3's notices returned stating that “left”, opposite party No.4's notice returned as “unclaimed”. Opposite party No.4's name called absent and declared ex-parte on 06.05.2016. On 23.06.2016 complainant produced paper publications against opposite party No.1 to 3, their name called absent and they also set ex-parte on 23.06.2016.
4. Complainant filed proof affidavit and examined as PW1 and Ext.A1 and A2 documents were marked. Ext.A1 is the chitty pass book. Ext.A2 is the letter dated 05.08.2015 given by opposite party.
5. On perusing the complaint and affidavit the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
6. Point No.1:- Complainant filed this complaint against the opposite party to get the chitty amount from opposite parties. PW1 deposited that since he was prompt in payment and the chitty No.KOB 82/11 has been terminated this complainant has at liberty to get the subscribed amount. To prove the case of the complainant he had produced and marked chitty pass book given by opposite party as Ext.A1 and letter given by opposite party as Ext.A2. Which includes the payment through cheques ( (1).Cheque No.060850 for Rs.50,000/- dated 10.08.2015. (2). Cheque No.060851 for Rs.45,000/- dated 31.08.2015). Complainant joined the chitty on 30.09.2013 and the date of termination of the chitty mentioned in the complainant is 30.04.2015. Opposite party assured the payment and once again confirmed it through Ext.A2 (Written confirmation). But even after repeated requests and demands opposite party failed to comply the promise. Even after this complaint opposite parties failed to appear before this Forum. Steps against opposite parties were completed through paper publication and none appeared before the Forum on behalf of opposite parties. Hence their name called absent and they set ex-parte. Considering that there is No contra evidence by opposite parties nothing before us to disbelieve the case of the complainant. On verification of documents and evidences produced before us we are of the opinion that opposite parties were deficient in their service and complainant is entitled to get the sala of chitty with cost and compensation. Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found against the opposite parties, the complainant is entitled to get the sala of chitty with cost and compensation.
In the result, the complaint is partly allowed and the opposite parties are jointly and severally directed to pay the sala of chitty shown in the Ext.A2 (Cheque No.060850 and 060851) ie Rs.95,000/- (Rupees Ninety Five Thousand) to the complainant with 10% interest from 30.04.2015 till the payment and opposite party No.1 is directed to pay Rs.5,000/- (Rupees Five Thousand) as compensation and Rs.3,000/- (Rupees Three Thousand) as cost of the proceedings to the complainant. This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 15th day of July 2016.
Date of Filing: 29.03.2016.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Arun Prakash (Affidavit) Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Chitty Pass Book.
A2. Letter. Dt:05.08.2015.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
