D.o.F: 13/08/09 D.o.O:31/05/2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC. 188/09 Dated this, the 31st day of May 2010. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER M.Sreedharan Mullappally House, : Complainant Periyangannam Po, Nileshwar. (in person) 1.T.Aneesh,S/o Gopalan, Kuthirammal,thulluvankallu, Periyanganam Po, Nileshwar. (Adv.Rajamohanan.K.Hosdurg) 2.Secretary, Karinthalam Service Co-op Bank, : Opposite parties Karinthalam,Po.Nileshwar (Adv.P.Appukkuttan,Hosdurg) 3.C.V.Krishnan,t Vainingal Pudukkai, Vairajathan Chitty , Vainingattu Pudukkai, Po.Uppilikkai (Exparte) ORDER SRI.K.T.SIDHIQ: PRESIDENT: The case of the complainant in brief is as follows: The complainant and his wife Padmavathi joined in the chitties conducted by 3rd opposite party. Complainant ‘s wife joined in the chitty on 22/12/04 for the chitty amount 50,000/- rupees and he joined in the chitty on 16/9/05 for the chitty amount 1,00,000/- rupees. He joined in the chitty run by 3rd opposite party due to the inducement and instigation by Ist opposite party and one Balakrishnan. But even after the maturity period of chitty he did not receive the chitty amount. Though he contacted Ist opposite party he told that he will refund the chitty amount. But he has not paid the amount so far. Hence the complaint alleging deficiency in service on the side of opposite parties. 2. Ist opposite party filed version. According to him, he has no connection with the chitty conducted by 3rd opposite party. He and Balakrishnan never induced complainant to subscribe Vairajathan chitty. He is a day deposit collector of 2nd opposite party and he used to collect the subscription of Vairajathan chitty from their subscribers and deposit in the account of 3rd opposite party. It is at his request Ist opposite party collected the subscription from complainant and deposited in the account of 3rd opposite party. The complainant cannot withdraw the amount from Bank since the deposit is in the account of 3rd opposite party. Ist opposite party have no liability to the complainant and only 3rd opposite party is liable to refund the chitty amount. Hence the complaint against him to be dismissed. 3. 2nd opposite party filed version. According to 2nd opposite party they have no connection with the chitty conducted by 3rd opposite party and 2nd opposite party has no liability to pay any compensation to the complainant. Hence 2nd opposite party prays for a dismissal of the complaint. 4. 3rd opposite party entered appearance through his counsel but not cared to file his version or appear during subsequent postings. Hence 3rd opposite party had to be set exparte. 5. Complainant examined as PW1 and Exts.A1 to A4 marked . opposite parties 1&2 filed affidavits and Exts.B1 to B3 marked. Both sides heard and documents perused. 6. The points to be determined in this complaint are: 1. Whether the opposite parties 1&2 have any liability to compensate the complainant? 2. Whether the complainant is entitled for any relief and if so as to what relief? 7. Points 1&2: For the sake of brevity and convenience the points are discussed together. PW1, the complainant deposed that he joined in the chitty conducted by 3rd opposite party as induced by 1st opposite party and one Balakrishnan. But during cross-examination he stated that there is no specific reason for not impleading Balakrishnan in the party array. No documents are produced by complainant to connect Ist opposite party with the chitty run by 3rd opposite party. Hence at the most he can only be treated as an agent of 3rd opposite party. 8. The complainant has not alleged any deficiency in service on the part of 2nd opposite party except a statement that Balakrishnan who induced him to join in the chitty, is an employee of 2nd opposite party. Hence no liability can be fastened on 2nd opposite party. At the most the status of 2nd opposite party in the complaint is only that of a garnishee who is maintaining the accounts of 3rd opposite party. But Ext.B3 is copy of notice of attachment issued by Sub- Judge, Hosdurg. As per that it is seen that a sum of 51598/- rupees in the deposit of 2nd opposite party bank in the account of 3rd opposite party is seen attached. The counsel for 2nd opposite party submitted that there are no more funds available to satisfy the order even if an order passed directing them to pay the amount due from 3rd opposite party to the complainant. 9. As per Ext.A1 and A2 passbooks, it is seen that the complainant and his wife Padmavathi have deposited 30,000/- rupees &24,000/- rupees respectively in chitty Nos 9(J) and 37(P). They are therefore entitled to get back the said amount from 3rd opposite party. In the result, the complaint is allowed in part and 3rd opposite party is directed to pay a sum of 54,000 /- rupees with interest @12% per annum from the date of complaint till payment together with a cost of 3000/- rupees. Time for payment is limited to 30 days from the date of receipt of copy of order. Opposite parties 1&2 are exonerated from the liability. Sd/ Sd/ Sd/ MEMBER MEMBER PRESIDENT Exts.A1&A2- chitty passbooks A3&A4- day deposit passbooks B1-&B2-copy of day deposit register Ext.B3- copy of notice of attachment issued by Sub Judge Hosdurg. PW1- Sreedharan.M-complainant Sd/ Sd/ Sd/ MEMBER MEMBER PRESIDENT eva /Forwarded by order/ SENIOR SUPERINTENDENT
| | HONORABLE P.P.Shymaladevi, Member | HONORABLE K.T.Sidhiq, PRESIDENT | HONORABLE P.Ramadevi, Member | | 
