ADV. RAVI SUSHA, MEMBER.

          The complainant was chital in chitty No.116/01 conducted by the opp.parties, that on the 11^th instalment, the chitty was prized in favour of the complainant is the draw.  While allowing the chitty amount to the complainant by the opp.parties, the husband of the complainant Thulaseedharan and one Sasikumar stood as sureties. The chitty amount is Rs.1,00,000/- [one lakh] and the number of instalments is 40, that which  commences from 15..12.2011 and end on 22.33.2005.  The instalment amount is Rs.2500/-.   The complainant remitted the 1^st 4 instalments is true.   The next six instalment was remitted as a lumpsum amount on 20..9..2002, that the 11^th instalment was remitted on 22.10.2002, that the opp.party deducted the 12^th and 13^th instalment from the prized chitty amount.  Thereafter  the instalment number 14 to 22 was remitted on 5..4..2004, that the remitted amount was Rs.22,500/-  From 23^rd instalment the opp.parties initiated recovery proceedings from the guarantors salary.  Thus as amount of Rs.3000/- each was recovered from the salary of Thulaseedharan for the instalments number 23 to 26 and instalments number 27 to 41 was recovered from the salary of one Sasikumar at the rate of Rs.2500/- each.   Further as additional amount was received from the complainant by the opp.parties ie. Rs.16,129/-, for the instalments number 45 to 50.  So the opp.parties has charged excess amount is the said chitty and they had obtained an excess amount.   Thus they committed unfair trade practices and deficiency of service.  Hence the complaint.

          The opp.parties filed version contending that the complainant was one of the subscribers of 1^st opp.party in chitty No.116/01 chital No.19 having sale of Rs.1 lakh.   The chitty has commenced on 15..12..2001 and has terminated on 22.3..2005.  That after subscribing the chitty, the complainant has remitted 4 instalments in time and defaulted afterwards,   Again he has remitted instalments 5 to 10 on the 10^th instalment only. On 22..10..2002 at the 11^th instalment, the chitty has auctioned in favour of the complainant and on 31..12..2002 the prize money was availed by the complainant on the strength of personal sureties of [1] V. Thulaseedharan and [2] M.J. Sajikumar whereas V. Thulaseedharan  is the husband of the complainant That after releasing the prize money, the complainant never remitted even a single instalment towards the chitty amount.  Hence the 1^st opp.party has initiated salary recovery requisition to the sureties after issuing legal notice to the subscriber as well as the sureties.  It is hereby submit that no amount was recovered from the husband of the complainant in chitty No.116/01-19.   As per the salary recovery requisition an amount of Rs.2470/- was recovered from Sajikumar who was one of the sureties.   An amount of Rs.22500/- was remitted on 5..4..2004 upto 22^nd instalment.  Instalments 23-34 were recovered from the salary of the said sajikumar.  Finally on 16..5..2005 an amount of Rs.16,129/- was remitted by the complainant towards instalments 35 to 40 , where as the chitty has terminated on 22.3..2005, that after 2 months ofr termination of chitty only, the complainant has settled the account.  That no amount was recovered fro said Thulaseedharan is chitty No.116/01-19, that besides this chitty, the complainant was a subscriber is chitty No.64/97-89 and one Mr. Shiju Raj from the very same address of the complainant was a subscribers in chitty No.65/01-28  Both these two chitties, the said Thulaseedharan was one of the sureties and these chitty accounts were also defaulted   In these chitties [chitty No.64/97-89 and 65/01-28], recovery was effected from the salary of the said Thulaseedharan and the opp.party has recommended for Revenue Recovery proceedings since these excess to a huge sum as defaulted amount. That aggrieved by the Revenue Recovery steps taken by the opp.party against the said Thulaseedhar, the complainant has lodged this complaint without any bonafides

Points that would arise for consideration are:

1.Whther there is deficiency in service on  the part of the opp.parties

2. Reliefs and costs.

For the complainant PW.1 and 2 were examined and marked Ext.P1 tp Ext. P10

For the opp.parties DW.1 was examined and marked Ext. D1 to  D4

THE POINTS

          In this case the complainant’s case is that the opp.party had recovered more than the actual amount from her.   For getting back those excess amount this case is filed.

          Here there is no dispute that the complainant was paid up to 22^nd instalment in chitty No.116/01-19.  Opp.parties contention is that there was no recovery of salary from Mr. Thulaseedharan iE the husband of the complainant who was the 1^st guarantor of the chitty.  According to the complainant Rs.12,000/- was recovered from the salary of Mr. Thulaseedharan.   For proving the said contention the complainant produced Ext. P8 to P10.   Ext. P10 series issued by Deputy Chief Engineer, Transmission  Circle, Nellalam shows that Rs.6000/-  had been recovered from the salary of Sri.V. Thulaseedharan for the month of 11/3 and 12/3 and remitted towards Kerala State Financial Enterprises Lmt., Kollam, Main Branch.   This document also shows that two instalments had been recovered from the said Thulaseedhar for the month of 9/03 and 10/03 vide cheque Nos.365961 dated 18..10.2003 and 351794 dated 17..11.2003 respectively.  There is no dispute regarding the salary recovery from Mr. M.J. Sajikumar, the 2^nd guarantor of the chitty.  Hence from Ext. P8 to P10 and from the deposition of PW.1 and PW.2, it is proved that the complainant has remitted 40 instalments of chitty ie. total amount, through payment and through the salary recovery from the guarantors.  The point found accordingly.

          The next point to be decided is that whether there was any amount collected from the complainant in excess in chittyNo.116/01-19 Ext.P3 shows that an amount of Rs.16129/- was collected from the complainant for instalments 45-50 in chitty No.116/01-19 on 16..5..2005.   There is no dispute that total instalments was upto 40.   Ext.P8 toP10 shows that the complainant had paid 40 instalments.   According to the opp.party on 16..5..2005 an amount of 16129/- was remitted by the complainant towards instalments  35 to 40   But Ext.P3 clearly shows that the said amount was collected towards instalments 45-50 .   DW.1 the Manager of the opp.party during deposition, stated that, that may be due to mistake. According to the opp.party the salary recovery was effected from Mr. Thulaseedharan, the husband of the complainant, for chitty No.64-97-89 and 60/01-28   But no evidence has been produced from the side of opp.party to show that Ext.P10 amount was collected from Mr. Thulaseedharan for remittance of instalments in chitty No.64/97-89 and 60/01-28.   Then we are constrained to believe that the amount collected from Mr. Thulaseedharan was for the remittance of instalments in chitty No.116-01-10.

          Hence on considering the entire evidence we are of the view that the opp.party has collected Rs.16129/- from the complainant  in excess in chitty No.116/01.  Thus the opp.party has committed unfair trade practice towards the complainant.   That amount has to be refund to  the complainant.

          In the result, the complaint is allowed.   The opp.parties are directed to refund Rs.16129/- to the complainant.   The opp.parties are also directed to pay Rs.1000/- as compensation and Rs.1000/- as cost to the complainant.   The order is to be complied with within one month from the date of receipt of the order.

          Dated this the 24^th day of April, 2012.

                                                          I n d e x

List of witnesses for the complainant

PW.1. – Gheethathulaseedharan

PW.2. – Thulaseedharan

List of documents for the complainant

P1. – Revenue Recovery notice

P2. – Receipt dated 5..4..2005

P3. – Receipt dated 16..5..2005

P4. – Advocate notice

P5. – Acknowledgement card

P6. – Postal receipt

P7. – Chalan receipt

P8. – Recovery notice dated 15..12.. 2003

P9. – Recover details from the salary bill ofM. J. Sajikumar

P10. – Recover details  from the salary of V. Thulaseedhar and M.J. Sajikumar

List of witnesses for the opp.parties

DW.1. – Sivaprasad

List of documents for the opp.parties

D1. – Statement of account in chitty No.116/01 Chittal 19

D2. – Details of recovery of Sajikumar from KSEB

D3. –Letter issued from KSEB , Transmission Section Chathanoor and Kozhikode

D4. –  Copy ofExtract of cheque issued for collection Register