IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Tuesday the 30th day of January, 2024
Filed on: 28.04.2023
Present
- Smt. P.R.Sholy, B.A.L, LLB (President in Charge )
- Smt. C.K.Lekhamma . B.A. LLB (Member)
In
CC/No.110/2023
between
Complainant:- | Opposite Party:- |
Sri. Balakrishna Sharma The Manager
S/o Achuthan KSFE Ltd, Harippad 2nd Branch
Kola Bhagathu House Opp. New Land Bakery (New)
Vettuveni, Harippad, Harippad, Alappzuha
Alappuzha (Adv. R. Rajesh)
(Adv. C.Ajith Sankar)
O R D E R
SMT. SHOLY.P.R (PRESIDENT IN CHARGE)
Complaint filed u/s 35 of the Consumer Protection Act, 2019.
1. Complainant’s case briefly stated is as follows:-
Complainant is a chital in chitty having its sala Rs. 6 lakhs which starts from 9/8/2018 and ends on 9/11/2018 to opposite party. The complainant has been paid the subscription amount of the said chitty till November 2022. It was auctioned by the complainant on 9/10/2019 by deducting 40 % of the total amount for which the complainant had made fixed deposit of Rs. 3,60,000/- to the opposite party for a period of one year. Subsequently on 11/11/2020 the complainant had withdrawn Rs. 2 lakhs from the said FD on security of the Salary certificate of a government employee named Mr. Manu Namboothiri, keeping the remaining amount as FD to opposite party. Thereafter the opposite party had given Rs. 80,000/- to the complainant. Further the complainant demanded the balance amount of FD Rs. 80,000/- at the time of maturity and on completing the payment of 48 instalments and it was not accepted by the opposite party. Thereafter the complainant did not remitted the instalments for 3 months the complainant is ready and willing to remit the defaulted instalments at any time. Alleging deficiency in service on the part of opposite party their complaint to obstruct the complainant from withdrawing the FD.
2. In response to the complaint the opposite party filed version contenting as follows:-
Complainant is a chital in chitty No. 37/2018 for Sala Rs. 6 lakhs on 9/10/2020 he auctioned the chitty for an amount of Rs. 3,60,000/- and the said amount deposited to the opposite party as fixed deposit. Subsequently on 2/12/2020 accepting the Salary certificate of one Mr. Manukumar and FD of the complainant for Rs. 1,30,000/- the above said FD for Rs. 3,60,000/- withdrawn by the complainant. Thereafter on the basis of the payment upto 9/12/2021 the complainant had withdraw an amount of Rs. 50,000/- retaining the Fixed Deposit of Rs. 80,000/-. During December 2022 the complainant requested verbally to withdraw the said FD of Rs. 80,000/-. But the opposite party demanded consent from the said Manukumar for withdrawing the amount of Rs. 80,000/- as it was also entrusted as the security for the outstanding chitty amount along with the personal security of Manukumar, since the said Manukumar became the sole surety of the outstanding chitty amount if the FD amount withdrawn by the complainant. However the complainant had not obtained consent from Manukumar and also committed defaults in payment of chitty instalments. All the details were given to the complainant in reply to the application under Right to Information Act. Opposite party is ready and willing to pay the FD amount to the complainant on submitting application for withdrawing the same on receiving consent from Manukumar by sending registered letter to him.
3. On the above pleadings the points raised for consideration are:-
1. Whether there is any deficiency in service on the side of opposite party?
2. Whether the complainant is entitle to get the reliefs sought for in the complaint?
3. Reliefs and costs?
4. Evidence in this case consists oral evidence of PW1 on the side of complainant and oral evidence of RW1 and Ext.B1 to B6 on the side of opposite party.
5. Point No. 1 and 2:-
PW1 is complainant. He filed an affidavit in tune with the complaint.
Rw1 is the opposite party Manager. He filed an affidavit and got marked Ext.B1 to B6.
The dispute is with regard to the non payment of FD amount to the complainant from opposite party. Complainant is a chital of opposite party in chitty No. 37/18/A for Sala Rs. 6,00,000/- and on 9/10/2019 he auctioned the said chitty for an amount of Rs. 3, 60,000/- leaving Rs. 2, 40,000/-. Due to the non availability of surety the complainant had deposited the above said amount of Rs. 3,60,000/- as FD to the opposite party. Subsequently the complainant provided a personal security along with FD security for Rs. 1,30,000/- and released an amount of Rs. 2, 30,000/-. After remitting 12 more instalments the complainant again withdrew an amount of Rs. 50,000/- from the FD changing the security as FD of Rs. 80,000/- along with personal security of Sri. Manukumar. At the time of requesting to release the said FD amount the opposite party demanded consent from personal surety for the entire further liability and non compliance of the said demand the opposite party denied the request of the complainant. Hence the complainant filed this complaint.
As stated earlier the opposite party pleaded that they are ready and willing to allow the withdrawal of FD subject to receive the consent from the personal suriety, Mr. Manukumar on filing application for withdrawal. In the said circumstance it is to be noted that as per Ext.B1, at the time of depositing the chitty amount @ Rs. 3,60,000/- the total liability was Rs. 5,20,000/- for which opposite party obtained two signed cheques from the complainant for the unsecured liability of Rs. 1,60,000/- (Rs. 5,20,000 – 3,60,000 = 1,60,000/-). Thereafter at the time of decreasing the further liability @ Rs. 4,70,000/- accepting the personal surety for Rs. 3,42,000/- and FD @ Rs. 1,30,000/- the opposite party released Rs. 2, 30,000/- to the complainant from FD. Subsequently it is admitted that from the said amount of Rs. 1,30,000/- an amount of Rs. 50,000/- got released by the complainant keeping a Fixed Deposit of Rs. 80,0000/- to the opposite party as security.
Of course , there must have a lien on the FD kept with the opposite party as security for further liability. But the time of requesting the said FD of Rs. 80,000/- bearing No. 2488 dtd. 9/12/2021 the complainant had remitted almost 52 instalments and number of future instalemnts are 68 and hence future liability will be Rs. 3,40,000/-. As a matter of fact for the said amount the personal security of Manukumar is enough and no separate consent is necessary since he already consented for a future liability of Rs 4,70,000/- at the time of giving confirmation to the opposite party. Hence the complainant is having every right to withdraw the FD amount of Rs. 80,000./- from opposite party subject to the other conditions regarding the arrears of instalments.
6. Point No. 3:-
In the result complaint stands allowed directing the opposite party not to obstruct the complainant withdrawing the FD kept with the opposite party subject to the conditions regarding arrears of chitty instalments.
The order shall be complied with within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 30th day of January, 2024.
Sd/- Smt. P.R. Sholy (President in Charge)
Sd/-Smt.C.K.Lekhamma (Member)
Appendix:-Evidence of the complainant:-
PW1 - A.Balakrishna Sharma(complainant)
Evidence of the opposite parties:-
Rw1 - Vinodkumar.P.V(OP Branch Manager)
Ext.B1 - KSFE Common Scrutiny Note
Ext.B2 - Chitty bond
Ext.B3 - Salary Certificate
Ext.B4 - Application for Deposits (KSFE)
Ext.B5 - True copy of FD Certificate
Ext.B6 - True copy of Statement of Account
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Typed by:- Br/- Assistant Registrar
Compared by:-
