DATE OF FILING : 12.08.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 26th day of October, 2010
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.164/2010
Between
Complainant : Tomy Joseph,
Mannarakathu House,
Mavadi P.O,
Pallikkavala – 685 553.
(By Adv: Fenil Jose)
And
Opposite Party : The Manager,
Vani Finance & Chitty Fund,
C/o Vani Automobiles,
Kattappana P.O,
Idukki District.
O R D E R
SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
The complainant who is a business man entered into a chitty conducted by the opposite party for an amount of Rs.25,000/-(sala) with monthly instalments of Rs.500/- each. The date of commencement of the chitty was from 25.05.2005 and it was upto a period of 29th February, 2008. The complainant paid about Rs.17,500/- to the opposite party as instalments of the chitty. But the opposite party deliberately cheated the complainant and the amount was not given back to the complainant. So this petition is filed for getting back the amount paid by the complainant which is Rs.17,500/- with 12% interest and for getting compensation for the mental agony and hardships caused to him due to the act of the opposite party and also for cost of this petition.
2.The opposite party was absent and so called ex-parte.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to?
4. The evidence consists of the oral testimony of PW1 and Exts.P1marked on the side of the complainant.
5. The POINT :- The petition is filed for getting the amount paid by the complainant as chitty instalments to the opposite party who was conducting the chitty. The complainant deposed as PW1. The complainant paid 34 instalments of Rs.500/- each to the opposite party for the chitty conducted by the opposite party for an amount (sala) of Rs.25,000/-. Ext.P1 is the pass book issued by the opposite party for the payment of the same.
The complainant paid 34 instalments of Rs.500/- each to the opposite party as per Ext.P1 pass book issued to the complainant for the chitty as Chitty No.3/05 and Chitty Account No.163. The Ist instalment was paid on 30..05..2005 and the last instalment was paid on 29..02..2008. Eventhough some instalments are to be paid by the complainant, the opposite party is not ready to receive the further instalments of the chitty and they are not ready to pay back the amount paid by the complainant. As per Ext.P1, the complainant paid about Rs.17,000/- upto 29.02.2008. The opposite party deliberately cheated the complainant. So the complainant is entitled to get the amount paid by him. These facts are not challenged by the opposite party and it is a gross deficiency from the part of the opposite party to retain the amount from the complainant even after the termination of the chitty. So we think that the opposite party should return the amount paid by the complainant which is Rs.17,000/- with 12% interest from 29.02.2008. The complainant who is a business man who was expecting money from the chitty for his business. So he caused heavy mental agony and hardships because of the same. So we think that the opposite party should pay a compensation of Rs.1,000/- and Rs.2,000/- as cost of this petition.
Hence the petition allowed. The opposite party is directed to return Rs.17,000/- with 12% interest from 29.02.2008 to the complainant. The opposite party is also directed to pay Rs.1,000/- as compensation and Rs.2,000/- as cost of this petition within one month of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 26th day of October, 2010
Sd/-
SRI. LAIJU RAMAKRISHNAN(PRESIDENT)
Sd/-
SMT. SHEELA JACOB(MEMBER)
Sd/-
SMT. BINDU SOMAN(MEMBER)
APPENDIX
Depositions :
On the side of Complainant :
PW1 - Tomy Joseph
On the side of Opposite Party :
Nil
Exhibits:
On the side of Complainant:
Ext.P1 - Chitty Pass Book
On the side of Opposite Party :
Nil
