cccPBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of October 2012
Filed on : 23-12-2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
C.C. No. 718/2011
Between
Indu S., : Complainant
W/o. Shaji V.A., B-24, (By Adv. V.S. Afsal Khan)
HIG Apartments, HIG Avenue,
Gandhi Nagar, Kadavanthara P.O.,
Kochi-682 020.
And
The Manager, : Opposite party
Peringottukara Finance and (party-in-person)
Investments Company Ltd.,
Aluva Branch Office, Aluva P.O.,
Ernakulam – 683 101.
O R D E R
A Rajesh, President.
The case of the complainant is as follows:
On 14-05-1999 the complainant joined a chitty run by the opposite party. The face value of the chitty was Rs. 60,000/- payable by 100 monthly instalments of Rs. 600/- each. The maturity date of the chitty was 07-08-2007. The complainant had paid instalments up to 07-07-2003 totaling Rs. 21,556/-. The complainant could not continue with the payment instalments thereafter. As per the chitty agreement the complainant is entitled to get the total amount paid after deducting commission of the foreman. In spite of repeated requests and reminders the opposite party failed to disburse the amount. The complainant is entitled to get an amount of Rs. 51,550/- which includes Rs. 25,000/- towards compensation and Rs. 5,000/- towards costs of the proceedings. This complaint hence.
2. The version of the opposite party is as follows:
The opposite party is ready and willing to give the chitty amount to the complainant if she issues the receipt and surrender the pass book. This was intimated to the complainant in the reply letter. There is no deficiency in service on the part of the opposite party.
3. Proof affidavit has been filed by the complainant. Exts. A1 to A4 were marked. Neither oral nor documentary evidence was adduced by the opposite party. Heard the counsel for the complainant.
4. The only point that comes up for consideration is whether the opposite party is liable to pay a total sum of Rs. 51,550/- to the complainant with interest.
5. Admittedly the complainant is a subscriber to the chitty conducted by the opposite party. It is not in dispute that the complainant paid a total subscription amount of Rs. 21,566/- with the opposite party till July 2003 and retained by them but the complainant defaulted thereafter. The complainant caused to issue Ext. A3 lawyer notice dated 26-04-2010 to the opposite party demanding to pay the amount of Rs. 21,566/- with interest to which the opposite party issued Ext. A4 notice informing the complainant to comply with the conditions in the chitty agreement. However the complainant opted to knock at the doors of this Forum for his own reasons.
6. Ext. A1 is the chitty pass book issued by the opposite party. Clause 13 in Ext. A1 is applicable in the instant case which reads as follows:
“In the case of forfeited ticket, the subscriber concerned shall loose all benefits of dividends accrued from and all other privilege attached to the tickets. But the number comprising the ticket shall continue to remain in the lot, which when drawn in any of the subsequent drawings, entitles the defaulter to the actual amount subscribed for by him, exclusive of all dividends and less the amount of Rs. 3,600/- particular ticket against commission of the foreman. The amount which is thus entitled will be paid after 3 months since the date of the drawing of this defaulted tickets on surrendering the chit pass Book together with requisite discharge receipt”.
7. Indisputably as per the above clause as agreed upon by both the parties the complainant failed to maintain her cause without any explanation which is not good at law.
8. The complainant is entitled to get only Rs. 17,966/- (Rs. 21,566/- - Rs. 3,600/- =17,966/-) from the opposite party as per clause 13 in Ext.A1 together with interest @ 12% p.a. from the date of complaint till realization in full and final settlement of the claim of the complainant. Ordered accordingly.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order.
Pronounced in the open Forum on this the 31st day of October 2012
