DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD<br /> <br /> Dated this the 11th day of January 2008.<br /> <br /> Present : Prof.O.Unnikrishnan, President in charge<br /> Smt.K.P.Suma, Member<br /> C.C.No.36/2007<br /> Prasad.P.R<br /> 33 years<br /> S/o. Ramankutty Nair<br /> Flyking Couriers<br /> Raji Complex<br /> Opp. K S R T C <br /> Palakkad. - Complainant<br /> <br /> V/s<br /> <br /> 1. Managing Director<br /> Manappuram Highes <br /> V/104, Valapat (P.O)<br /> Thrissur<br /> <br /> 2. The Managing Director<br /> Branch <br /> Manappuram Chits & Finance <br /> Vyapari Bhavan Building<br /> Manjakkulam Road<br /> Palakkad . - Opposite party <br /> <br /> <br /> O R D E R<br /> <br /> By Prof. O. Unnikrishnan, President in charge<br /> The complainant in this case was a subscriber in the Chitty No P0007/12 for a sala of Rs.75,000/- conducted by the opposite party. Installment amount fixed for the said chitty was Rs.2,500/- with effect from 10.05.2003 for 30 monthly instalments. But he has remitted only a sum of Rs.8,136/- towards the subscription in 4 instalments and he was not in a position to remit further <br /> - 2 -<br /> instalments due to financial stringency and other inconvenience. The opposite party bid the chitty in the name of the complainant and received the sala amount. According to the complainant, The Kerala Consumer Protection Centre, Palakkad send a notice asking to refund the amount remitted by the complainant. The opposite party in his reply dated 18.05.2007 stated that the complainant has remitted only a sum of Rs.8,136/- and he is entitled to get refund of Rs.4,375/- after deducting 12% interest for late payment and 5% of foreman commission after the termination of the Chitty on 10.10.2005. It is alleged in the complaint that when he approached the opposite party at their Coimbatore Office after the completion of the period they instructed him to contact the Thrissur office for the refund. Inspite of several visits to Thrissur office the complainant could not realize the amount from the opposite party. There was no response from the part of the opposite party to the letter send by the Kerala Consumer Protection Centre, Palakkad in this regard. Feeling aggrieved he approached before this forum and filed this complaint seeking an order directing the opposite party to pay a sum of Rs.4,375/- along with 12% interest and compensation of Rs.5,000/- towards mental agony and financial loss suffered by the complainant by the illegal acts and deficiency of service of the opposite party. <br /> <br /> Complaint was admitted and notice was served to opposite party for appearance. Opposite party entered appearance and filed their version stating the following contentions. They denied the allegations in the complaint except those are specifically admitted. Opposite party contended that this complaint is filed with malafide intention and the complainant is not a consumer and hence the complaint is not maintainable in law.<br /> <br /> There is no deficiency of service on their part and the complaint has to be <br /> - 3 -<br /> dismissed with costs to the opposite party. They admit that the complainant was a subscriber in the Chitty and remitted Rs.8,136/- towards 4 instalments and thereafter he defaulted. As per the terms and conditions of the Chitty,if defaulted, the balance amount after deducting 12% interest p a towards penalty for late payment and 5% foreman commission will be paid to the subscribers only after the termination of the chitty. Opposite party send a reply dated 18.05.2005 to the complainant stating that they were ready to pay Rs.4,375/- on or after 11.10.2005 after deduction of foreman commission and also interest for late payment. Even after intimation the complainant did not turn up and collect the said amount till date and hence they are not liable to pay 12% interest. Opposite party further states that the complainant is at liberty to collect the amount of Rs.4,375/- at any time from 2nd opposite parties office. It is also averred in the version that since there is no deficiency in service and illegal acts on their part they are not liable to compensate the complainant as prayed for in the complaint. They contended that complaint was filed with malafide intention to put them in trouble and to defame their reputation among the general public. There is no deficiency of service on their part as alleged and hence the complaint has to be dismissed with costs.<br /> <br /> <br /> Both parties filed proof affidavit to substantiate their respective contentions. Complainant filed questionnaire to the opposite party and opposite party filed answers to the questionnaire filed by the complainant. Exbts A1 to A3 was marked from the side of the complainant.<br /> <br /> Evidence was closed and matter was heard.<br /> <br /> We have perused the documents produced by the complainant. It is obvious <br /> - 4 -<br /> from Exbt B3 that the complainant has remitted a total amount of Rs.8,136/- towards subscription in four instalments.<br /> <br /> It is also noticed that opposite party had not refunded the amount to the complainant till 04.01.06 as per exhibit A2 issued by the Kerala Consumer Protection Centre, Palakkad.<br /> <br /> According to the opposite party as per the terms of the chitty a non prized defaulter is entitled to get the paid amount subject to the deduction of 5% foreman commission after the termination of the chitty and as per the chitty agreement subscribers are liable to pay interest @ 12% p a for the late payment of installments. But the opposite party has not produced any evidence to prove the above contentions. The chitty agreement of the subscriber or the terms and conditions of the chitty is not produced before the forum to substantiate the above conditions.<br /> <br /> It is admitted that the chitty has been terminated on 10.10.2005 but no specific intimation has been served to the complainant so as to collect the amount from the 2nd opposite parties office after the termination of the chitty. There is no reason to disbelieve the contention of the complainant that he had contacted the opposite parties office for the refund of the paid amount.<br /> <br /> Hence the opposite parties are definitely deficient in rendering their service to the complainant. Non refund of the admitted amount within a reasonable period is a clear case of deficiency. In the above circumstances, the complaint is allowed.<br /> <br /> <br /> - 5 -<br /> However the complainant has claimed only an amount of Rs.4,375/- from the opposite party along with interest and compensation.<br /> <br /> Accordingly, in the aforementioned circumstances, we allow the complaint and we direct the opposite party to pay a sum of Rs.4,375/- to the complainant along with 12% interest from 10.10.05 and also to pay Rs.2,000/- towards compensation for the mental agony and inconvenience suffered by the complainant. The aforesaid amount shall be paid within one month from the date of communication of this order failing which the complainant in entitled to get 12% for the aforesaid amount from the date of order till realization.<br /> <br /> Pronounced in the Open Court on this the 11th day of January 2008<br /> <br /> President (in charge) (SD)<br /> <br /> Member (SD)<br /> <br /> <br /> Appendix<br /> Costs <br /> Allowed<br /> <br /> Forwarded/By Order, <br /> Sd/-<br /> Senior Superintendent <br />