By Sri.Ananthakrishnan. P. S, President:
This is a complaint filed under section 35 of the Consumer Protection Act, 2019.
2. The Complainant’s case in brief is as follows:-
The Complainant joined in a chitty bearing No. KOA 63/2017 which was being conducted by Opposite Parties. The sala of the chitti was Rs.50,000/-. After its maturity, the Opposite Parties were liable to pay Rs.47,500/- to the Complainant. When the Complainant demanded the said amount, they have given a cheque dated 6.5.2015 of South Indian Bank, Meppadi branch. The Complainant presented the cheque for collection before the Kottappady branch of State Bank of Travancore. But, it was returned unpaid due to the insufficient fund. Therefore the Complainant sent a lawyer notice to the Opposite Parties. The notice of first Opposite Party returned stating that he is out of station. Though, the second Opposite Party received the notice, they have not sent any reply. This is unfair trade practice and deficiency of service on the Opposite Parties. The Complainant filed S.T.C. 43/2016 before the Chief Judicial Magistrate, Kalpetta and warrant is pending against first Opposite Party. Hence this complaint to get Rs.47,500/- with interest @ 12% per annum from 31.03.2015 to 21.10.2020, Rs.20,000/- towards compensation and Rs.5,000/- towards litigation expenses from the Opposite Parties.
3. First Opposite Party is ex-parte. Since the complainant failed to deposit batta to send notice to the second Opposite Party, the complaint against second Opposite Party is dismissed.
4. The evidence in this case consists of oral testimonies of PW1, Ext.A1 to A8. Oral evidence of Complainant and Ext.A1 to A8 documents would go to show that complaint is genuine and Opposite Parties are responsible to give back the amount. Since the case of second Opposite Party is dismissed, first Opposite Party is liable to pay Rs. 47,500/- with interest @ 6% per annum from 31.03.2015 to 21.10.2020 and also to pay Rs.10,000/- towards compensation with Rs.2,000/- towards litigation expense.
In the result, the complaint is allowed partly and the first Opposite Party is directed to pay Rs.47,500/- (Rupees Forty Seven Thousand and Five Hundred Only) with an interest @ 6% per annum from 31.03.2015 to 21.10.2020 and also directed to pay Rs.10,000/- (Rupees Ten Thousand Only) as compensation and Rs.2,000/- (Rupees Two Thousand Only) as litigation expenses to the Complainant within one month from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 31st day of August 2022.
Date of Filing:-06.01.2021.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the complainant:-
PW1. Beeran. M. A. KSEB Sub Engineer.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Copy of Cheque. dt:06.05.2015.
A2. Copy of returned Cheque Remittance Memo. Dt:26.06.2015.
A3. Cheque Return Memo. Dt:18.06.2015.
A4. Copy of Lawyer Notice. Dt:20.07.2015.
A5. Copy of Postal Receipt. Dt:26.07.2015.
A6. Copy of Postal Receipt.
A7. Copy of Acknowledgment Card.
A8. Copy of Acknowledgment Card.
Exhibits for the Opposite Parties:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
