DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 16^th  day of  July 2012

Present : Smt.Seena H, President

            : Smt. Preetha.G. Nair, Member

            : Smt. Bhanumathi.A.K, Member              Date of filing: 08/03/2012

(C.C.No.44/2012)

1.Rugmini,

   W/o.Govindankutty,

  “Panchami”,

   Punchappadam,

   Palakkad – 678 642

2.Govindankutty,

  “Panchami”,

  Punchappadam,

  Palakkad – 678 642                                        -        Complainant

(By Adv.Shine Francis)

V/s

The Manager,

K.S.F.E. Ltd., 

Shoranur Branch

 (By Adv.C.Ramadas)                                    -        Opposite party

O R D E R

By Smt.PREETHA G NAIR, MEMBER

The 1^st complainant has joined in Chitty No.1/06 as chittal numbers 11,12 and 13 conducted by the opposite party. 2^nd complainant  is the husband of 1^st complainant and he paid the chitty amount. The total sala amount of chitty No.1/06 is Rs.1,00,000/- and the installment amount of Rs.1,000/- will be paid on 100 months. The 1^st complainant has auctioned the chitty on 13/4/11 as the 64^th  installment. The complainant demanded to the opposite party that the future installment  chitty amount of  36 months should be remitted by way of fixed deposit. The complainant had auctioned the chitty for the marriage of her daughter on 8/5/11. The complainant is ready to deposit the security for the balance amount. Moreover the 1^st complainant had auctioned the other chital numbers 11 and 13 before the auctioned date of chital No.12. At the time also the opposite party has raised some objection. The 1^st complainant has submitted application on 28/4/11 to get the chitty amount and deposit the FD for the balance chitty amount. According to the complainant, the opposite party has received FD as security. The opposite party has not sent any reply to the letter dated 28/4/11. The 1^st complainant stated that she has joined the chitty for getting a lump sum and the chitty amount will be paid on small amount in installment. The 1^st complainant  forced to buy amount in huge interest for the purpose of her daughter’s marriage. The complainant has  deposited Rs.1,08,000/- for the 3 number chitties.Then the complainant has sent a notice to opposite party. But they have sent reply notice stating false allegations. The complainant has not filed complaint before the Assistant General Manager. The act of opposite party amounts to deficiency in service. Hence the complainant prays an order directing the opposite party to

1.    Pay Rs.50,000/- as compensation for loss and

2.    Pay Rs.15,000/- as compensation for loss in deposited FD

3.    Pay the cost of the proceedings.

Opposite party filed version stating the following contentions. The opposite party has admitted that the 1^st complainant has joined the chital No.11,12 & 13 in the chitty No.1/06. The chitty conducted in 100 months and the total sala amount is Rs.1,00,000/- commenced on 27/1/06. The complainant has auctioned  the 12^th   chittal Number  on 13/4/11 for an amount of Rs.86,990/-. As per the chitty variola law the application will be submitted within 30 days giving the sufficient security for 36 installments. The complainant has submitted the application on 28/4/2011 and stating the chitty amount will be paid on that date itself.  But the opposite party has verify the other chitties of deposit charge before the payment. Moreover the pass book of the 12^th chital number was secured as bond of another chitty. So the opposite party has informed the 1^st complainant to pay the chitty amount around two hours. Then the complainants informed that they would spend more than two hours and will be come on 5/5/11. But they could not come on 5/5/11. On 7/7/11 the 1^st complainant deposited the future amount in Sugama Account and received the price money. As per SSA scheme the installment amount of each amount debited on the chitty on that date and the balance amount has deposited with 5.5% interest. Thereafter the complainant has filed this complaint for depositing the future amount as Rs.1,000/- denomination cannot be allowed. The opposite party has no power to deposit the future amount on Rs.1,000/- denomination  as FD. The opposite party is a Govt.undertaking chitty company is acted and is governed by Kerala Chitties Act  and Rules.

As per clause 15 of Variola the complainant should be deposited as security for the future amount at the time of paying the price amount. As per clause 17 A the opposite party has the power to decide the type of security. As per chitty act deposit the future amount as one FD. The complainant has deposited the future amount as FD security in two earlier chitties. At that time the complainants not raised any objections. The complainant sent a lawyer notice on 20/6/11 and the opposite party has sent reply on 1/7/11. Thereafter on 7/7/11 the complainant deposited the security and received the price amount. The complainant has not informed about the daughter’s marriage. There is no deficiency in service on the part of opposite party. Hence the opposite party prayed that dismiss the complaint with cost.

Both parties filed their affidavit and documents. Ext.A1 to A3 marked on the side of the complainant. Ext.B1 to B6 marked on the side of opposite party.

Matter heard.

Issues to be considered are

1.    Whether there is any deficiency in service on the part of opposite parties ?

2.    If so, what is the relief and cost ?

Issue No.1 & 2

Admittedly the 1^st complainant has joined in chitty No.1/06 as the chittal number 11,12 & 13. In Ext.B1 shows the complainant has joined in chitty No.1/06. Ext.B4 shows that the 1^st complainant has auctioned  the chital No.12 on 16/4/11 and received Rs.86,990/- as the chitty amount on 7/7/11 and deposited Rs.33,000/- as the future installment. The case of the complainant is that letter dated 28/4/11 given to the opposite party to pay the chitty amount on the same date and deposit the future amount as FD. In Ext.B2 the 1^st complainant demanded the opposite party to deposit the future amount as FD and to pay the balance chitty amount. Further the 1^st complainant prayed that the future amount will be deposited on 3 months and arrange the payment of chitty amount today itself. The opposite party sated that they informed the complainant to wait atleast two hours for verification of her earlier chitties. But the complainant stated that she has got some urgency and promised to come on 5/5/11. According to opposite party the 1^st complainant came only on 7/7/11 and received the price amount and deposited the future amount in SSA. Ext.A1 dated 20/6/11 shows the lawyer notice issued by the complainant to demand the chitty amount. Ext.A3 is the wedding letter of the daughter of the complainant. The opposite party stated that the complainant has not demanded the opposite party to pay the chitty amount for the purpose of daughter’s marriage. Normally people auctioned the chitty on urgency or to earn profit. In the present case also the 1^st complainant auctioned  the chitty on  16/4/11 and filed application on 28/4/11. But the opposite party has not produced evidence to show that they were ready to pay the prize amount after depositing the future amount as FD. Moreover the opposite party has not produced evidence to show that they  sent reply to letter dated 28/4/11. After receiving the reply notice dated 4/7/11 the complainant received the prize money and deposited the future amount in  SSA Scheme. The opposite party  has not produced evidence to show that the complainant was a defaulter.

The opposite party admitted that the 1^st complainant has auctioned  earlier chital number 11 and 12 and deposited the future amount as FD as per clause 15 of Variola. In Ext.B1 17 (A) of Variola not mentioned  the period of fixed deposit.

In Ext.B2 the 1^st complainant has submitted application to pay the prize money on 28/4/11 within 30 days from the date of auction. But the opposite party has not taken steps to pay the chitty amount to the complainant. Ext.B4 shows that the complainant received the chitty amount and deposited the future installment on 7/7/11. The opposite party has failed to give the chitty amount as earlier. The complainants had not produced evidence to show the loss of Rs.15,000/- for depositing Rs.1,08,000/- as FD on 3 kuries. So we cannot considered the 2^nd prayer of the complainants. The bounden duty of the opposite party  to give the prize money as early as possible  after receiving the security.

In the above discussions we are of the view that there is deficiency in service on the part of opposite party. In the result complaint partly allowed. We direct the opposite party to pay the complainant an amount of Rs.10,000/- (Rupees Ten thousand only) as compensation for deficiency in service and pay Rs.1,000/- (Rupees One thousand only) as cost of the proceedings.

Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization. 

Pronounced in the open court on this the 16^th  day of July 2012.

   Sd/-

Seena H

President

     Sd/-

Preetha G Nair

Member

     Sd/-

Bhanumathi.A.K.

Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 –Copy of lawyer notice sent by complainant to the opposite party dated

            20/6/11

Ext.A2 – Reply to lawyer notice sent by opposite party to the complainant

             dated 1/7/11  

Ext.A3 –  Marriage Invitation Card of complainant’s daughter

Exhibits marked on the side of the opposite party

Ext.B1 –  True copy of variola

Ext.B2 –  True copy of application submitted by the complainant for getting

              chitty amount

Ext.B3 -  True copy of application submitted by the complainant for depositing

             the balance chitty amount in SSA.

Ext.B4 –  True copy of agreement for paying the future chitty amount

Ext.B5 –  True copy of Ledger regarding the payment through SSA

Ext.B6 -  True copy of first page of SSA Pass Book in the name of complainant

Cost Allowed

Rs.1,000/- allowed as cost of proceedings.