DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 15^th day of June 2019 

Present  : Smt.Shiny.P.R,  President

               : Sri. V.P.Anantha Narayanan, Member                              Date of Filing : 30/01/2019

      CC/24/2019

Shihabudheen . S

S/o. Syedu Muhammed,                                                                     -  Complainant

Syambikkal House,

Mannur P.O, Palakkad.
(By Adv.P.B.Harris)

                                                                                 Vs

1. Thiripura Chits Pvt. Ltd.,

Lakshmi Towers,

Door No. 12/13. Fist Floor,

Coimbatore Road, Sulthanpet, Palakkad - 678 001

2. Rajesh . C

Managing Director,

S/o. K.K. Gopalakrishnan, Ottuparappuram,                                      -  Opposite parties

Kuzhimanna P.O,

Kondotty, Malappuram.

                                                                  O R D E R

By Smt.Shiny.P.R, President

Brief facts of complaint

Complainant has joined in a weekly Kuri conducted by the opposite parties.  The  above kuri was started from 31-12-2015. 1^st opposite party is the company and 2^nd  opposite party is the Managing Director. Complainant has paid first installment of Rs.25,000/- and weekly installments at the rate of Rs.5,000/- per week till May 2017. Complainant submitted that he has paid an amount of Rs.3,80,000/- towards the kuri amount.   In the month of May 2018 he auctioned the kuri. But opposite parties did not pay the auctioned amount to the complainant. Several times he has approached 2^nd opposite party but he did not paid the amount. Instead they closed the firm. Complainant submitted that due to the above acts of opposite parties he has suffered a lot of financial loss and mental agony. Hence the complaint. Complainant prays for an order directing opposite parties to pay an amount of Rs. 3,80,000/- with 9 % interest, Rs.30,000/- as compensation for mental agony and cost of proceedings.

            Complaint was admitted and notices were issued to opposite parties. Since notice to 1^st opposite party returned stating left complainant filed IA 54/19 for the substituted service against 1^st opposite party. Application was allowed. Even after publication in the daily news paper 1^st opposite party did not appear before the Forum. Hence name called, absent, set ex-parte. Notice to 2^nd opposite party returned stating unclaimed. Hence notice to 2^nd opposite party deemed to be served.

Complainant filed chief affidavit. Ext. A1series and A2 were marked from the side of complainant. 

The following issues are taken into consideration

1. Whether there is any deficiency in service on the part of opposite parties?
2. If so what is the relief?

Issues 1 and 2

`           We have perused the documents filed before the forum. Ext. A1 series and A2 show that complainant had a kuri with the opposite parties and paid Rs. 3,80,000/- to the opposite parties towards the kuri amount. From the available evidences adduced by the complainant it is clear  that after receiving the kuri amount from subscribers opposite parties closed the kuri company without making payment to its subscribers. This act of the opposite parties amounts to deficiency in service. As the opposite parties remained ex-parte, the evidence tendered by the complainant stands unchallenged. In the above circumstances we are of the opinion that opposite parties are liable to refund the amount collected from the complainant along with interest. And also liable to pay compensation for mental agony caused due to the acts of opposite parties.

        In the result we allow the complaint and direct the opposite parties 1 and 2 jointly and severally to pay

1. Rs. 3,80,000/- (Rupees three lakh eighty thousand only) towards the amount collected from the complainant together with 9 % interest per annum from the date of complaint till realization, 
2. Rs. 5,000/- (Rupees five thousand only) as compensation for mental agony suffered and
3. Rs.2,000/- (Rupees Two thousand only)  as cost of the  proceedings to the complainant.

The aforesaid amount shall be paid within one month from the date of receipt of this order; failing which the complainant is entitled to realize 9% interest p.a from the opposite parties on the total amount due to him from the date of this order till realization.   

Pronounced in the open court on this the 15^th day of  June 2019.  

                                                                         Sd/-                                                                                                  Shiny.P.R                                                                                

                                 President

                                    Sd/-

                 V.P.Anantha Narayanan

                                Member

Witness examined on the side of complainant

Ext.A1 series - Original kuri receipts issued by 1^st opposite party to the complainant (61 No’s)

Ext.A2   - Photocopy of passbook pages

Witness examined on the side of Opposite parties

Nil

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite parties

Ni

Cost

            Rs.2,000/-