D.o.F:20/03/2014
D.o.O:30/08/2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.59/14
Dated this, the 30th day of August 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Muralidhar.H.V,
Seetharam Nivas, KMC 15/405,
Laxmi Nagar, Theruvath, Karattuvayal, : Complainant
Kanhangad.
(in person)
The Chairman,
Apple Chits India Pvt.Ltd,
Puthupally, Kottayam Dist. : Opposite party
Pulimorothal Arcade, Kanzikuzhi,
Kottayam-686004.
(Exparte)
ORDER
SMT.SHIBA.M.SAMUEL : MEMBER
The case of the complainant is that he had invested an amount of Rs.13,000/- in opposite party ‘s company through it s Manager cum agent one Mr.Viswanath Poojary and the branch office of the opposite party company was situated at Kanhangad . On 20/9/13 the branch office was closed down and thereafter the complainant enquired about the head office which was situated at Kottayam and the complainant with utter shock came to know that it was also closed. Even after several enquiry and police complaint the money invested by him is not received by him from opposite party and due to the act of the opposite party, the complainant sustained great mental agony and pain. Hence the complaint.
2. On issuance of notice to the opposite party it was returned unserved with an endorsement firm closed, addressee left’ and hence substituted service was ordered by this forum and name of the opposite party was called absent and set exparte. Hence complainant filed chief affidavit and he was examined as PW1 and Extrs.A1 to A5 marked.
3. On close perusal of documents marked before the Forum and going through the evidence of the complainant, the entries in Ext.A1 pass book clearly shows the investment particulars of the complainant in this opposite party company . Ext.A2 to A4 are the receipts issued by the opposite party on receiving payment from the complainant on 3 different monthly instalments. Ext.A5 is the receipt issued by the SHO Hosdurg as an acknowledgment of his complaint against the opposite party. All these evidence substantiate the allegation made by the complainant against the opposite party.
4. From the evidence tendered by the complainant it is clear that the opposite party committed unfair trade practice and deficiency in service. The opposite party is therefore liable to compensate the complainant.
5. Absolutely no explanation forthcoming from the opposite party against the grievance submitted by PW1.
The complaint is therefore allowed and the opposite party is directed to return a sum of Rs.13,000/- and a compensation of Rs.10,000/- together with a cost of Rs.5000/- to the complainant within 30 days from the date of receipt of copy of this order.
Exts:
A1- Passbook
A2 to A4- receipts
A5-acknowledgment issued by SHO,Hosdurg.
MEMBER MEMBER PRESIDENT
eva
