IN THE CONSUMER DISPUTS REDRESSAL FORUM, KOLLAM

DATED THIS THE  25^TH       DAY OF  MAY 2015

Present:-  Smt. G. Vasantha Kumari, President

                Adv. Ravisusha, Membr

                Adv. M. Praveen Kumar, Member

CC. No.232/2014

Vijayakumar                                                    :                                            Complainant

Thodiyilazhikathu Veedu

Kanjiracode

Kundara

Kollam – 691 501

[By Adv.Boris Paul, Kollam]

V/S     

            1.         The Manager                         :                                               Opposite parties

                        M/s Ponnus Chitty Fund (Pvt.Ltd) 

                        Kundara Branch

                        Panikkassery Buildings

                        Elampaloor

                        Kundara

            2.         The Manager

                        M/s Ponnus Chitty Fund (Pvt.Ltd)

                        Parippally

                        Kollam           

ORDER

ADV.RAVISUSHA, MEMBER

Complainant filed this complaint for getting the prize amounts in chitties Nos PAK 15/5 and PAK 5/17 with interest, getting back the three cheque leaves, with compensation and cost.

The complainant was induced by the 1^st opposite party to  join three chitties conducted by them and as such he joined three chitties with No.PAK 15/6 having a Sala of Rs.50,000/-on 30-11-2012;No:PAK 15/5 having Sala of Rs.50,000/-on 30-11-2012; and No:PAK 5/17 having a Sala of Rs.50,000/-on 30-12-2012. The opposite parties had assured the complainant that the prize amount will be given on the 8^th installment of each chitty. During August 2013 the opposite parties had given Rs.37,500/-towards the chitty No:PAK 15/6. The opposite parties had obtained three cheques having Nos:  906978, 906979 and 906980 of Catholic Syrian Bank,  Kundara

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Branch. The cheques were obtained by the opposite parties without making any endorsement therein regarding the amount or date. The cheques drawn from the joint account of the complainant and his wife were issued by the complainant only due to the pressure tactics and inducement made by the opposite parties. The complainant had remitted 10 installments towards that chitty. Even though the opposite parties had assured that the prize amounts of the other chitties will also be paid on the 8^th installment, they had not made the payments till date .The complainant had remitted the 10^th installment in Chitty No: PAK 15/5 and 9^th installment in Chitty No: PAK 5/17.The complainant had earnestly requested the opposite parties several times to heed to their assurance given to the complainant. But all such request made by the complainant fell into deaf ears. The acts of the opposite parties also amount to serious deficiency in service. The complainant also informed the opposite parties about his intention to discontinue the chitties and demanded the opposite parties to settle the accounts and called upon to settle the accounts and return the cheques obtained by the opposite parties under duress from the complainant. The opposite parties received the legal notice on 26-11-2013, but has not issued any reply or taken any steps to redress the grievances of the complainant. Hence filed this complaint.

The points that would arise for consideration are:-

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

The Points 1& 2:-The notice sent from the Forum to the opposite parties were returned as   “unclaimed”. Hence both opposite parties were set as exparte. Complainant filed chief affidavit and five documents. The documents were marked as Exts.P-1 to P-5.Ext.P-1 is copy of pass book in chitty No.15/6,Ext.P-2 copy of pass book in chitty No.17/5,Ext.P-3 is pass book in chitty No.15/5,Ext.P-4 is legal notice, Ext P-5 series is Acknowledgement cards 2 in Nos. Since opposite party did not adduce any evidence, we are constrained to believe the evidence of complainant. On a perusal of complaint, chief affidavit and documents we are of the view that there is gross deficiency on the part of opposite parties towards the complainant. Hence the complainant is entitled to get relief.

In the result the complaint is allowed in part. Opposite parties are directed to release the prize amounts in chitties No.PAK 15/5, and PAK 5/17 with 18% interest per annum from the due

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date of 8^th installments of the said chitties to the complainant. The opposite parties are further directed to return the cheque leaves Nos.906978,906979,906980 of Catholic Syrian Bank, Kundara Branch, and Rs.50,000/-as compensation along with Rs.1500/-as cost to the proceedings. The order is to be complied with within one month from the date of receipt of the order.

Dated this the  25^th  day of May 2015.                                                                                                                                                                                  

G.VASANTHAKUMARI:Sd/-

                                                                                                ADV.RAVISUSHA: Sd/-

                                                                                                                                                                                                                                                            ADV.M.PRAVEENKUMAR: Sd/-

                                                                                                Forwarded/by Order

                                                                                                Senior Superintendent