CONSUMER DISPUTES REDRESSAL FORUM,PALAKKAD

Dated this the 30^th September, 2016

PRESENT :  SMT. SHINY.P.R, PRESIDENT

               :  SMT. SUMA. K.P, MEMBER                      Date  of filing : 19/03/2014

               : SRI. V.P.ANANTHA NARAYANAN , MEMBER

CC /111/2015

Sunil Rojers,

S/o.M.E.Bhaskaran,

Mission Compound,                                                 :        Complainant

Robinson Road, Palakkad - 18

(By Adv.Redson Skaria)

             Vs

The Managing Director,

Sri.Satyalakshmi Chits Pvt.Ltd,                                  :        Opposite party

P.V.Tower, T.B.Road,

Palakkad

(By Adv.John John)

O R D E R

By Smt. Suma. K.P, Member,

The complainant is a Manager of Private company and on knowing about the service offered by the opposite party had availed the service by subscribing a chitty scheme.  The complainant was made believe that to a monthly subscription of Rs.3,000/-  for a period of 30 months he will get Rs.1,10,000/-.  The complainant paid the entire 30 installments without any fault.  The last payment was made on 10/3/2015.  He was promised to give Rs.1,10,000/- on 10/3/2015. But against the promise he was told to wait for another one month.  The opposite party instead of making a cash payment try to settle the complainant with a cheque for the above said sum after a month from the promised date.  Complainant was forced to receive the cheque since he was left with no other option and the opposite party promised him that the same will be honoured.  But against his word the same was bounced.  The act of the opposite party caused great mental agony to the complainant and his family.  He further submits that he had to borrow money from friends and relatives and was forced to attend counseling session at Thrissur.  The act of the opposite party amounts to deficiency of service and unfair trade practice.  The act of the opposite party has caused financial loss as well as stress and mental pain. Hence complainant had approached before the Forum seeking an order directing the opposite party  to pay an amount of Rs.1,10,000/- (Rupees One lakh Ten thousand only) @ 18% p.a. from 10/3/2015 along with Rs.30,000/- as compensation for the mental strain and financial loss and also the cost of the proceeding to the tune of Rs.10,000/-.

The notice was served to the opposite party for appearance.  Opposite party entered appearance through counsel and filed version contending the following.  According to the opposite party the complainant defaulted the payment of chitty installments and formalities of the completion of the chitty are not complete.  But the complainant demanded payment of the full amount before the completion.  Some mediators intervened in the matter and opposite party agreed to settle the issue on completion of payment by the complainant.  As a security for the payment, this opposite party gave a blank cheque to the complainant.  The complainant committed breech of the terms of the mediation and without completing his payments, he filled up the cheque and presented it and has initiated legal proceedings.  The complainant is not entitled to receive Rs.1,10,000/- or for any other release claimed in the complaint.  Moreover the above complaint is filed for realization of amount due for the said purpose, and he had to approach the appropriate Civil Court.   The opposite party is not liable to pay any amount to the complainant towards mental agony, financial loss and cost.  Therefore the complaint has to be dismissed.

Both parties filed their respective chief affidavits. Complainant filed documents along with questionnaire to the opposite party.  Opposite party filed answers to the questionnaire.  Complainant filed application for cross examination of opposite party.  Ext.A1-A3 was marked from the part of the complainant. Opposite party was examined as DW1.  Evidence was closed and matter was heard. 

Heard both parties.

The following issues are to be considered.

1. Whether there is any deficiency of service on the part of the opposite party?
2. Reliefs and cost? 

 ISSUES

We had perused the documents, affidavits  produced from the part of the complainant.  It is viewed that complainant had made entire payments for a period of 30 months without any default as per Ext.A1.  Ext.A2 series reveals that  complainant had initiated  criminal complaints against the opposite party u/s.138 of N.I. Act before CJM Court for non payment of the chitty amount.  For the questionnaire submitted by the complainant the opposite party had answered that he had no liability for making the payment.   There is no evidence produced form the part of the opposite party to prove that he had made the payment due to the complainant and had discharged his liability.   Hence the above act of the opposite party amounts to  deficiency of service as well as unfair trade practice.  Hence the complainant had to be compensated for the mental agony and pain suffered by him and his family.  The complainant had also produced a certificate issued by the Doctor to prove that he had attended a counseling session more than 10 times at Thrissur.  The financial loss caused to the complainant is patent from the facts of the above case.

Hence the complaint is allowed and we direct the opposite party to pay an amount of Rs.1,10,000/- (Rupees One lakh ten thousand only) collected from the complainant @ 9% p.a. from 10/03/2015 till realization and also to pay Rs.10,000/-(Rupees Ten thousand only) towards compensation for the mental agony suffered by the complainant and his family along with Rs.5,000/- (Rupees Five thousand only) as cost.  The aforesaid amount shall be paid within one month from the date of receipt of this order failing which the opposite party shall pay interest @ 9% from 10/3/2015  till date of realization.

Pronounced in the open court on this the 30^th  day of September, 2016.

                                                                   Sd/-

                                                                   Smt. Shiny.P.R

                                                                     President

                                                                         Sd/-                                                                                                        Smt. Suma. K.P

                                                                       Member

                                                                               Sd/-

V.P. Anantha Narayanan

                                                                     Member

A P P E N D I X

Exhibits marked on the side of complainants

Ext.A1- Chit pass book original in the name of complainant

Ext.A2- Certified copy of cheques, memos, postal receipt, acknowledgement card

Ext.A3objection – Certificate dtd.2/6/2016 issued by Dr.Jacob V John in the name of complainant.

Exhibits marked on the side of opposite party

Nil

Witness marked on the side of complainant

Nil     

Witness examined on the side of opposite parties

DW1 – Anu.S

Cost Allowed

Rs.5,000/- as cost.