DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 15th day of December 2016
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 17/08/2016
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.126/2016)
Raveendran.N
S/o.Late Krishnatharakan,
Nenthramkunnathu Veedu,
Mangode Post,
Cherpulassery via,
Palakkad - Complainant
V/s
1.Susheelkumar
Edathikandiyil, 41,
Kalpetta – 673 121,
Managing Director
Kalpetta Janakshema Maruthi Chits P.Ltd.
KM8/180/19,
Royal Plaza, Near Fedral Bank,
Gudalai, Kalpetta, Wayanad
2.Pradeepkumar
S/o.Premkumar,
Odambath House,
Kalpetta,
Director
Kalpetta Janakshema Maruthi Chits P.Ltd.
KM8/180/19,
Royal Plaza, Near Fedral Bank,
Gudalai, Kalpetta, Wayanad
3.Sunilkumar
S/o.Vasu, Ambalathil House,
Kalpetta,
Director
Kalpetta Janakshema Maruthi Chits P.Ltd.
KM8/180/19,
Royal Plaza, Near Fedral Bank,
Gudalai, Kalpetta, Wayanad
4.Pushparaj
Adumari House
Kalpetta,
Director
Kalpetta Janakshema Maruthi Chits P.Ltd.
KM8/180/19,
Royal Plaza, Near Fedral Bank,
Gudalai, Kalpetta, Wayanad
5.Nirmala
K.C.Complex,
Niraparambu,
Cherpulassery,
Introducer and Collection Agent,
Kalpetta Janakshema Maruthi Chits Pvt.Ltd.
Cherpulassery branch - Opposite parties
O R D E R
By Sri.V.P.Anantha Narayanan, Member
Brief facts of complaint.
On 25/5/2013 the complainant began a chitty in Janakshema Maruti Chit Pvt.Ltd. of Cherpulassery Branch of opposite parties with Sala of Rs.2 lakhs. Total period was 20 months and monthly installment was Rs.10,000/-. On the condition that “Bdmw amk¯n \nÀ_Ôambpw Ipdn Xcmw F¶ hyhØbnemWp Rm³ Ipdnbn tNÀ¶Xv.” F¶m “Bdmw amk¯n Ipdn thWsa¶v Bhiys¸«t¸mÄ Hmtcm ImcW§Ä ]dªv (Ipt_c tIkv apXembh) Ipdn Imemh[nbmb tijw Xcmw (20 amkw Ignª tijw) F¶v ]dbpIbpw, KXy´canÃmsX Rm³ k½Xn¡pIbpw sNbvXp.”
After that the complainant remitted installments correctly for 19 months (19 x Rs.10,000 = Rs.1,90,000/-). “Even after the expiry of the period, when the complainant did not receive the said amount, he contacted the opposite parties’ Cherpulassery branch”. The branch Manager paid the complainant a cheque of Cherpulassry Branch of Punjab National Bank for Rs.1,90,000/-, bearing a date after two months. The same was returned dishonoured on 11/2/2016 with remarks “Funds insufficient” . After that when the complainant contacted the above branch, the complainant was deceived by the opposite parties telling different dates. When the complainant understood that contacting opposite parties’ Cherpulassery branch would be of no use, he contacted the head office of the opposite parties. Then also the complainant had the same experience as he had in Cherpulassery Branch. Then the complainant on 11/6/2015 went directly to the head office of the company at Kalpetta and met the director of the Chit Company. Mr.Sunilkumar, agreed to deposit in the complainant’s bank account Rs.50,000/- on 16/5/2015, and Rs.1,30,000/- on 20/6/2015. 12% bank interest for delay in paying the amount was also agreed to be deposited. But on the mentioned date, the complainant did not receive the amount. He again went to the head office at Kalpetta, Wayanad on 22/06/2015. This time he met another director of the said Chit Company Mr.Pradeepkumar who told the complainant that the company was in small difficulties and they were being solved and requested the complainant to wait for some more time. He also gave the complainant cheques for Rs.1lakh dated 27/6/2015 and Rs.30,000/- dated 25/7/2015. Balance amount of Rs.50,000/- was agreed to be deposited in complainant’s account next day on 23/6/2015. Out of the above only Rs.40,000/- was deposited in the complainant’s account after two days. The given cheques were returned dishonoured. When the complainant contacted the opposite parties afterward, they did not attend his phone calls. Subsequently the complainant sent a registered letter to the opposite parties on 17/9/2015. As per that the complainant was asked to come to Hotel Harithagiri, Kalpetta at 2 pm on 26th October 2015 for a compromise interview and receiving the chitty amount. Accordingly the complainant went to hotel Harithagiri on 26/10/2015. There he met O.K.Ramakrishnan who told the complainant that he belonged to Kannur and the company named “Maruthi Chits” was purchased by 3 doctors belonging to Singapore who would definitely give money within 90 days and the complainant was called to verify the accounts.
After that upto now the opposite parties could not be contacted in any manner.Whenever the complainant contacted them over phone, the “telephone number does not exists” message was being received by him. That Cherpulassery branch of the company was closed and the head office was also closed was understood by the complainant. Hence, the complainant has lost the amount due to him on account of Chitty Rs.1,40,000/-; in addition, for the delay in giving the amount of Rs.1,90,000/-, bank interest (12%) Rs.32,800/-, for travelling and allied expenses Rs.50,000/-, for cheques dishonoured Rs.500/-, for postal order and other litigation expenses of Rs.1,000/-,totaling Rs.1,89,300/ ( Rupees One Lakh Eighty Nine Thousand Three Hundred only) for undergoing many difficulties due to the non reeipt of this amount.
Hence it is prayed to the honourable forum that amount due to the complainant may be made available to him at the earliest by taking legal steps. Complainant has enclosed herewith true copies of the related documents.
Complaint was admitted after hearing on admission and curing the defects. Notice was issued to opposite parties.
Letters sent to OP1 to OP4 were returned stating “left”. Notice to OP.5 was served. Hence OP1 to OP4 were set exparte. Complainant filed application to substituted service. Complainant produced paper publication. Names of OP1 to OP4 called absent and they were set exparte. Complainant filed chief affidavit. Ext.A1 to A4 were marked from the side of the complainant. No documents were filed from the side of opposite parties.
The following issues are arised in this case.
1.Whether there is any deficiency of service on the part of opposite parties?
2.If so, what is the relief?
Issues 1 & 2
In this case the complainant began a kuri on 25/5/2013 in Kalpetta Jana kshema Maruti Chits Pvt. Ltd, at Cherpulassery branch with Sala of Rs.2 lakhs (Rupees Two Lakh Only).The kuri was of 20 months duration and monthly installment amount was Rs.10,000/-. The complainant has joined the kuri on the condition that in the 6th month Kuri would be given to him. The chitty pass book given by the Maruthi Chits Pvt.Ltd, was marked as Ext.A1 which shows the various particulars of the complainant subscriber of the chitty. Ext.A2 shows two cheques returned dishonoured due to “insufficient funds” Ext.A3 reveals that the cheques return memo issued by Punjab National Bank with reason for return of cheques being mentioned as “01 – funds insufficient”. Ext.A4 is a letter sent by the finance manager of Maruti Chits Pvt.Ltd. inviting the complainant to attend compromise interview to solve the disputed matters relating to the above mentioned chitty subscribed for by the complainant.
From the above we view that the complainant did not receive Rs.1,50,000/- ( Rupees One Lakh Fifty Thousand Only) from the opposite parties, even though he had remitted 19 monthly chitty installments promptly. Even though the cheques for the said amount were given by opposite parties to the complainant, they were found to have been returned dishonoured. Although the complainant was seen to have contacted opposite parties several times at Cherupulassery Branch and Wynad Head office for getting the amount due to him, it is observed that the complainant received only Rs.40,000/- ( Rupees Forty Thousand Only) out of total amount due to him Rs.1,90,000/-(Rupees One Lakh Ninety Thousand Only). Hence the complainant’s efforts to get the balance amount of Rs.1,50,000/- ( Rupees One Lakh Fifty Thousand Only) proved in vain. Further although the complainant attended the compromise the interview at Wynad he did not received the balance amount due to him.
In the light of the above the opposite parties committed grave deficiency of service of non-paying the complainant the amount due to him even after the prompt payment of all the installments of his subscribed chitties.
Hence the complaint is allowed.
Opposite parties 1 to 5 are here by ordered to be jointly and severally liable to pay the complainant Rs.1,50,000/-(Rupees One lakh fifty thousand only) immediately being the balance amount due to him on account of the above mentioned chitty along with bank interest from the date of payment of the last chitty installment till the date of this order. Further litigation expenses of Rs.3000/- ( Rupees Three Thousand Only ) should also be paid by opposite parties 1 to 5 to the complainant.
This order should be complied with within one month from the date of receipt of this order, otherwise interest @9% per annum should also be paid on the total amount due from the date of this order till realization.
Pronounced in the open court on this the 15th day of December 2016.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 – Chitty Pass Book
Ext.A2 series – PNB Bank Cheque 2 nos. for Rs.30,000/- & 1,00,000/- issued in the name
of complainant
Ext.A3 series - Cheque return memo 2 nos.
Ext.A4 – Settlement letter
Exhibits marked on the side of Opposite parties
Nil
Cost
Rs.3,000/- allowed as cost of the proceedings.
