By Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite party to pay an amount of Rs.1,02,200/- with 18% interest from 10.07.2015 till realisation to the Complainant and also to pay Rs.10,000/- as compensation and 3,000/- as cost of the proceedings.
2. Complaint in brief:- The Complainant had a chitty with Opposite Party in Group No.126/14 and the Complainant paid the instalments and an excess amount of Rs.2,200/- is paid. The Opposite party assured the payment of chit amount on completion of chit but not paid the amount on repeated requests. The Complainant heard that the Opposite Party is going to stop the business without settling the debt. The complainant went on 10.07.2015 to the office of Opposite Party at Sulthan Bathery and they directed the Complainant to approach the head office at Kalpetta and from there the Opposite party offered to pay the amount on 30.07.2015. The Complainant went to the office of opposite party and demanded the amount on 01.08.2015, but did not get the amount. The act of Opposite party is nothing but unfair trade practice and deficiency of service. Aggrieved by this, the complaint is filed.
3. On receipt of complaint, notice was issued to Opposite party and the notice is served to Opposite party on 09.11.2015. But opposite party did not appear before the Forum and the Opposite Party is set exparte.
4. On perusal of complaint, and documents the Forum raised the following points for consideration.
1. Whether there is deficiency of service from the part of Opposite party?
2. Relief and cost.
5. Point No.1:- The Complainant filed proof affidavit and is examined as PW1 and documents are marked as Exts.A1 and A2. Ext.A1 is the notice issued by Opposite party to the Complainant stating that the Opposite party is shifting their Ambalavayal office to Sulthan Bathery Ext.A2 is the chitty Pass Book which shows that the Complainant paid the instalments by daily deposit up to Rs.1,02,200/-. The Opposite party did not appear and denied the allegations in the complaint. The Ext.A2 document proves the case of Complainant which is unchallenged. There is unfair trade practice and deficiency of service from the part of Opposite party. Point No.1 is found accordingly.
5. Point No.2:- Since point No.1 is found in favour of Complainant, the Complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the Opposite party is directed to pay Rs.1,02,200/- (Rupees One Lakh Two thousand and Two hundred) only with 12% interest from 10.07.2015 till realisation and the Opposite party is also directed to pay Rs.3,000/- (Rupees Three thousand) only as compensation and Rs.2,000/- (Rupees Two thousand) only as cost of the proceedings. The Opposite party shall comply the order within 30 days from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 3rd day of December 2015.
Date of Filing:14.10.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Letter. dt:10.05.2014.
A2. Pass Book.
Exhibits for the opposite Party.
Nil.
