By Sri. Chandran Alachery, Member:
The complaint filed under section 12 of the Consumer Protection Act of 1986 for an order directing the Opposite Party to return cheque No.817111 and cheque No.817112 to the Complainant after receiving Rs.2,965/- towards the balance payment in chitty and to pay Rs.10,000/- as compensation and Rs.5,000/- as cost of the proceedings.
2. The Complainant's case in brief as follows:- The Opposite Party was conducting chitty company named Dhanasilpi Chits (P) Ltd., Pulpally, Sulthan Bathery and the Complainants joined in two chitties for a total sala of Rs.15,000/- each. The 1st Complainant remitted Rs.3,750/- in one chitty and the 2nd Complainant remitted Rs.5,315/- in the other one. The 1st Complainant got Rs.9,500/- in one chitty on auction and the Opposite Party collected two cheques from me issued by the Wayanad Distraict Co-operative Bank bearing No.817111 and 817112. Thereafter, the Complainant cannot make repayments since the Opposite Party had closed their office at Pulpally and Sulthan Bathery. Thereafter, the 1st Complainant send a lawyer notice to the Opposite Party to receive Rs.3,140/- from the Complainant and to settle the matter and to return the cheques. The notice was returned due to the reason that the “office is closed”. Thereafter the complainants met the representatives of the Opposite party and talked about the matter, but not settled the matter. The Opposite Party instead of settling the mater, has preferred a false complaint against the 1st Complainant by using cheque No.817111. The act of the Opposite Party is unfair trade practice and deficiency of service. Hence this complaint.
3. On receipt of complaint, notice was issued to Opposite Party but notice unserved and returned due to the endorsement that “left”. The address of Opposite Party is correct but Opposite Party closed the office and left. So this is deemed service and the Opposite Party set exparte on 19.08.2014.
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. What order as to cost and compensation?
5. Point No.1:- The Complainants thereafter filed proof affidavit and documents . The 2nd Complainant is examined as PW1 and documents are marked as Ext.A1 series (2 in number). Ext.A1 series are two chitty Pass Book issued by Opposite Party to the Complainant ie Ext.A1(a) and Ext.A1(b) Ext.A1 series proves that both the complainants joined in two chitties for a sala of Rs.15,000/- each and remitted Rs.2,965/- in Ext.A1(a) chitty as per Pass book and Rs.5,135/- in Ext.A1(b) Chitty as per Pass Book. The 1st Complainant got the price of Rs.9,500/- in group PUE 11/02 Chitty as per auction. The 2nd Complainant remitted Rs.5,135/- in PUE 11/04 Group chitty but did not get the prize. On analysing the evidence, the Forum found that the 1st Complainant have to remit Rs.15,000/- to the Opposite Party since the 1st Complainant got the prize in chitty. The 1st Complainant already remitted Rs.3,780/- in the chitty and the 1st Complainant is entitled for a dividend of Rs.720/- in the chitty. So after deducting a total sum of Rs.4,500/-, here 1st Complainant have to remit Rs.10,500/- towards the chitty. Here the 2nd Complainant remitted Rs.5,135/- in her chitty and she is ready to adjust this amount towards the above amount of Rs.10,500/- which the 1st Complainant owes to the Opposite Party company. If so the total amount to be remitted to the Opposite Party by the complainants is Rs.5,365/- ie (10,500 – 5,135 = 5,365/-). There is no latches on the part of Complainants in continuing and remitting the chitty instalments but the Opposite Party have closed their office at Pulpally, Sulthan Bathery. When the Complainants approached the Opposite Party to the Opposite Party failed to settle the matter as per chitty rules. Hence the Forum found that there is deficiency of service from the part of Opposite Party. Point No.1 is found accordingly.
6. Point No.2:- Since the point No.1 is found in favour of the Complainants, the Complainants are entitled to get the cost and compensation and Opposite Party is liable to compensate the same.
In the result, the complaint is partly allowed and the Opposite Party is directed to return cheque No.817111 and cheque No.817112 to the Complainants after receiving Rs.5,365/- (Rupees Five thousand Three hundred and Sixty Five) only from the Complainants. The Opposite Party is also directed to pay Rs.1,000/- (Rupees One thousand) only as compensation and Rs.1,000/- (Rupees One 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 C.A transcribed by him and corrected by me and pronounced in the Open Forum on this the 22nd day of September 2014.
Date of filing:07.07.2014.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
/True copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
A P P E N D I X
Witness for the Complainant.
Nil
Witness for the Opposite Parties:
Nil
Exhibits for the Complainant:
A1(a) Pass Book of Sijili. K.G.
A2(b) Pass Book of Sulekha Nazar
Exhibits for the Opposite Parties:
Nil.
