By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite parties to deposit the amount received in the prized chit account into the account already due in the chits numbered as 16/2008, 32/2007 and into loan numbers 2526 and 2788 of the complainant and directing the opposite parties to give interest concession to the complainant since the complainant had received the chit in the month of July and September 2012 and also to pay a compensation of Rs.1,00,000/- to the complainant.
2. Brief of the complaint:- The complainant had joined two chits numbered as 16/2008 and 32/2007 with opposite parties and taken loan on the chits as per loan number 2526 and loan number 2788. Since the complainant could not remit the cash in time in to the loan account and chitty account, the opposite parties had initiated revenue recovery proceedings against the complainant. As per the request of the complainant, the Finance Minister had allowed the complainant to remit 10% of the total dues and the complainant paid Rs.62,500/- towards dues. The Finance Minister ordered to remit the balance dues amount in 20 installments. The manager had told the complainant to join two chits for an amount of Rs.10,00,000/- each in chit No.14/2011 and 20/2014. As per instruction the complainant remitted Rs.1,76,158/- in to this chits on 21.09.2012. The complainant got prize in both chitties and the amount of Rs.15 Lakhs of the complainant is with the opposite parties. Opposite parties promised that this amount will be adjusted in the other chitties of the complainant which were is due. But the opposite parties did not keep the promise. On 18.10.2012, the complainant received a letter from the 2nd opposite party stating that the opposite party needs the signature of the wife of the complainant for sanction the loan after pledging the joint property. In earlier chits, only the complainant put his signature for the said purpose. The property offered as security is in the name of complainant. The complainant neither received the amounts in two chits of 14/2011, 20/2012 nor allowed the complainant to deposit the amount in his earlier chits. The complainant demanded the opposite parties to do the adjustment or to pay the amount, the opposite parties did not act upon. The acts of the opposite parties are unfair and against the interests of customer. Aggrieved by this, the complaint is filed.
3. On receipt of complaint, Notices were issued to opposite parties and opposite parties appeared before the Forum and filed version. In the version, the opposite parties contented that to release the prized amount in chitty 14/2011, 20/2012, the complainant offered to mortgage 24 cents of land with a residential house in Resurvey 45/4 pt in Kalpetta village owned by complainant. The said property has already mortgaged in all other said chitties and loans mentioned above. For which the complainant approached opposite party and produced application and affidavit to receive the said property to create mortgage as security to release the said amounts. As per such request, the manager with his staff inspected the property and valued the proposed property on 10.12.2012 and valued it. While inspecting the proposed property the opposite party No.2 and officials saw that Smt. Sorniya wife of T. P. Abdul Majeed is residing in the above residential building and while seeing them she informed that she is living separately from the complainant and she has no knowledge of mortgage for creating mortgage and further she said she is having objection also. This being the situation, after the introduction of the Protection of Women from Domestic Violence Act 2005, the Corporate office of the KSFE Limited had directed all branches that while the properties of husband being accepted as security for chitty prize money and for all types of loans wife should invariably be made as a party to the mortgage under vide cirular No.133/2006(Legal) dated 28.11.2006. The Opposite party informed the said requirements to the complainant and his wife personally and through letter. But the complainant was not able to satisfy the requirements and that alone is the reason for the non-acceptance and not able to mortgage the proposed property for the said chitties to release the amounts. The opposite party was ready to accept the property offered to receive as security on company terms, to disburse the amount entitled after deducting the dues accrued in the accounts. Th opposite party is not able to release the amount without making sufficient security. The opposite party denies all other material allegations in the complaint.
4. On verifying the complaint, documents and version, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
5. Point No.1:- In addition to complaint, the complainant filed proof affidavit and he is examined as PW1 and documents are marked as Ext.A1 to A5. Ext.A1 is the letter issued by opposite party to the complainant. Ext.A2 is the demand notice issued by opposite party to the complainant. Ext.A3 is the copy of Subscribers Ledger. Ext.A4 is also a copy of Subscribers Ledger, Ext.A5 is copy Loan Account abstract of complainant. Opposite party also filed proof affidavit and opposite party No.2 is examined as OPW1 and Ext.B1 to B5 are marked. Ext.B1 is marked subject to proof and Ext.B1 is the copy of circular No.138/06(Legal) which shows that while the property belonging to the husband is being accepted as security for chitty prize money and for all types of loans wife should invariably be made a party to the mortgage. Ext.B2 is the Valuation Report copy, Ext.B3 is the reply to the application under Right to Information Act dated 22.11.2012. Ext.B4 is the Registered Notice issued to the complainant by opposite party dated 04.05.2013. Ext.B5 is the Registered Notice send by opposite party to the complainant dated 04.05.2013.
6. On going through the evidences and documents of both parties, admittedly the complainant defaulted the earlier chitty repayments. The complainant offered his house property as security in all earlier chitties and loans. The complainant offered the same property as security towards the new chitties also. Opposite party No.2 as per the request conducted an inspection and found that the complainant's wife is residing in the house property and wife is not willing to mortgage the property. The complainant had not taken any steps to participate the wife in to the mortgage. The complainant is bound to follow the rules of the opposite party concern in order to get the claim. If complainant's side is perfect, then the opposite party will be liable to act upon. As per Ext.B1, wife should invariably be made a party to the mortgage. As per Ext.A1, the opposite party send letter to the complainant and intimated the inability to accept the home property as mortgage property. Even after that the complainant did not take any steps to change the security offered property or to get the consent of his wife or offer any other security. The Forum found that the complainant cannot compel the opposite party to accept the same property as security in the circumstances that the complainant is a chronic defaulter in other chitty repayments. The status of the complainant is changed at the time of offering security for the last prized chits. It is the sole discretion of the manager of the opposite party concern to accept a property as security for the reimbursement of prized chits or loans. If the complainant offered sufficient security in the last two prized chits, he could have claim any adjustment towards his chitties. But the complainant failed to do it. So by analyzing the entire evidences and documents of both parties, the Forum found that there is absolutely no deficiency of service from the part of opposite party in dealing the matter. Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found in favor of opposite party, the complainant is not entitled any cost and compensation. The Point No.2 is decided accordingly.
In the result, the complaint is dismissed. No Order as to cost and compensation.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 14th day of October 2014.
Date of Filing:08.10.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX
Witness for the complainant:-
PW1. Abdul Majeed. Complainant,
Witness for the opposite parties:-
OPW1. Ealias. Mananger, KSFE Kalpetta Branch.
Exhibits for the Complainant:-
A1. Copy of Letter. Dt:18.10.2012.
A2. Copy of Demand Notice. Dt:07.03.2013.
A3. Copy of Subscribers Ledger.
A4. Copy of Subscribers Ledger.
A5. Copy of Abstract of Loan account of complainant.
Exhibits for the Opposite Parties:-
B1. Copy of Circular. Dt:28.11.2006.
B2. Copy of Valuation Report. Dt:19.10.2012.
B3. Reply to the application under Right to information. Dt:22.11.2012.
B4. Copy of Registered Notice. Dt:04.05.2013.
B5. Registered Notice. Dt:04.05.2013
Sd/-
PRESIDENT, CDRF, WAYANAD.
