IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHNAMTHITTA

Dated this the 2nd day of April, 2011

Present : Sri. Jacob Stephen (President)

Smt. C. Lathika Bhai (Member)

Sri. N. Premkumar (Member)

C.C. No. 109/2009 (Filed on 04.08.2009)

Between:

K. Hassankani, aged 42,

S/o. Kattuva Rawther,

Nangunni Veettil,

Near Federal Bank Ltd.,

Mangaram, Konni,

Kozhencherry Taluk.

(By Adv. P.M.A. Karim)                                             ....      Complainant.

And:

T.V. George,

(Proprietor-cum-Foreman,

TVG Chitty Fund, Konni),

Thundil House,

Payyanamon P.O.,

Iravon Village,

Kozhencherry Taluk.

(By Adv. G.M. Idiculla)                                               ....     Opposite party.

ORDER

Sri. Jacob Stephen (President):

                   The complainant has filed this complaint against the opposite party for getting a relief from the Forum.

                   2. The complainant’s case is that the opposite party is the Proprietor-cum-Foreman of TVG Chitty Fund, Konni.  The complainant had subscribed a chitty with the opposite party having sala of ` 2 lakhs having 40 instalments of ` 5,000 each during October 2006 as chital No.4.  The complainant had paid 30 instalments and the 30^th instalment was paid on 02.03.2009.  The complainant had not paid the remaining instalments as he came to know that the opposite party’s chitty business is not going smoothly.  The chitty business of the opposite party is come to an end also.  Thereafter, the complainant demanded the subscribed instalments from the opposite party directly and through mediators many time.  But the opposite party evaded the payment under the pretext of one or other reasons.  The complainant is entitled to get back the amount paid by him with dividend and interest.  Because of the above said acts of the opposite party, the complainant had sustained financial loss and mental agony.  It is a clear deficiency of service from the part of the opposite party and the opposite party is liable to the complainant for the same.  Hence this complaint for the realisation of a total amount of ` 1,79,250 under various heads. 

                   3. The opposite party filed his version with the following main contentions:  The opposite party denied all allegation of the complainant.  Opposite party is not the Foreman of the TVG Chitty Fund, Konni and the complainant had never paid any amount to the opposite party and the opposite party had not given any chitty receipts to the complainant.  The opposite party is not liable to the complainant as he had never conducted chitty business or collected any money from the complainant.  The signature seen in the chitty receipts produced by the complainant is not the signature of the opposite party.  The chitty transaction is governed by Kerala Chitty Act and the dispute in connection with the chitty transaction does not come under the provisions of the Consumer Protection Act and thereby this complaint is not maintainable before this Forum.

                   4. The opposite party also filed an additional version stating that the new facts brought by the complainant by the amendment of the complaint is also not binding on him as the complainant is a stranger to the opposite party in respect of the chitty transactions alleged by the complainant.  With the above contentions, the opposite party prays for the dismissal of the complaint, as he had not committed any deficiency of service to the complainant.

                   5. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or nor?

                   6. The evidence of this complaint consists of the proof affidavit of the Power of Attorney Holder of the complainant and oral deposition of the Power of Attorney Holder and the proof affidavit and oral deposition of the opposite party and Exts.A1 and A2 series and Exts.B1 and B2.  After closure of evidence, both sides were heard.

                   7. The Point:-  The complainant’s allegation against the opposite party is that the complainant had paid 30 instalments of ` 5,000 each less veethapalisa in a chitty conducted by the opposite party in which the complainant is a subscriber with chital No.4.  After the 30^th instalment, the complainant stopped the payment of instalments as he came to know that the chitty business of the opposite party is not going smoothly.  The chitty business of the opposite party came to an end as apprehended by the complainant. Thereafter, the complainant demanded the chitty amount, which was evaded by the opposite party by one or other reasons.  The complainant is entitled to get back the chitty amount paid by him with dividend and interest and the opposite party is liable to the complainant for the same.

                   8. In order to prove the complainant’s case, the complainant’s Power of Attorney Holder filed a proof affidavit and 18 chitty receipts.  On the basis of the proof affidavit of the Power of Attorney Holder, the Power of Attorney Holder was examined as PW1 and Exts.A1 and A2 series were marked.  Ext.A1 is the Power of Attorney executed by the complainant in favour of PW1 and Ext.A2 series are the 18 chitty receipts from instalment No.10 to 30 for the payment of the 10^th instalment to 30^th instalment issued by the Foreman of TVG Chitty Fund, Konni in the name of the complainant.  PW1 also stated that the first 9 receipts were missed from the complainant and hence it is not produced.