D.O.F : 18/11/2023
D.O.O : 11/11/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC 368/2023
Dated this, the 11th day of November 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Aboobacker Siddique
S/o Abdul Rahiman
Annadukkam, Kumbdaje
Post Kumbdaje,
Kasaragod Taluk.
(Adv: Sruthi Vijayan P) : Complainant
And
- Ummanhi alias Ummuhaleema
Thalangara House
Thalangara Post
Kasaragod Taluk.
- Safiya
W/o Ali, Mangad
Near Sangham Auditorium
P O Bara, via Udma
Kasaragod – 671319.
- Ali,
S/o Kunhamu Haji, Mangad
Near Sangham Auditorium
P O Bara, via Udma
Kasaragod – 671319. : Opposite Parties
ORDER
SMT.BEENA.K.G : MEMBER
This complaint is filed under section 35 of Consumer Protection Act 2019. The complainant was working in Gulf and he has returned to India after loosing his job in Gulf, the opposite party No. 1 has introduced herself to the complainant and informed that she is conducting a Nadan Chitty (Kuri) of Rs. 3,00,000/-, the monthly installment of sala being Rs. 20,000/- for 15 months. Even though the complainant expressed his difficulties, the opposite party No. 1 induced the complainant and compelled him to join the said Kuri. The opposite party No. 1 has also introduced opposite party No.2 and 3 being her collection agents and they are also well versed with the terms & conditions of Kuri. The terms of the Kuri was orally explained by opposite party No.1 to the complainant and promised that at the end of 15 months or whenever the lot is awarded to the complainant whichever is earlier, the said amount of Rs. 3,00,000/- will be paid to the complainant. The terms and conditions were also acknowledged by opposite party No.2 and 3 in front of opposite party No.1. Having believed the assurance and promises given by opposite parties, the complainant has joined the Kuri and paid the first instalment of Rs. 20,000/- to opposite party No.1 in the month of January 2017, in the presence of opposite party No.2 and 3. The opposite party No.2 and 3 were the collection agents. They had handed over the amount to opposite party No.1. In the month of May, June and July the monthly sala was collected directly by opposite party No.1 who has accompanied by opposite party 2 and 3. The complainant was enquiring with opposite parties whether lot was awarded to him. But the opposite parties informed that the luck was not in his favor and as months gone by, the complainant has paid the entire 15 months sala to the tune of Rs. 3,00,000/-. Thus the complainant has completed his monthly payment of sala in the month of March 2018 and immediately intimated to the opposite parties and demanded the amount of Rs. 3,00,000/-. The opposite parties requested time till the first week of May 2018 for making payment. The complainant was reluctant to give time as he has arranged money from different sources to make monthly payment of sala, the complainant has to honor his commitment to those people who have helped him financially. Since the opposite parties were not ready to make payment immediately, an understanding was reached that opposite parties shall pay the amount at the first week of May 2018. But in the first week of May 2018 when the complainant approached opposite party for payment, they again requested 2 weeks further time. Even after 2 weeks, the opposite parties have not paid the amount inspite of repeated demands and reminders. The opposite parties were making all attempts to evade the payment of Rs. 3,00,000/- by inventing new reasons beyond imagination. The opposite parties No.2 and 3 informed the complainant that they have not received any amount from the opposite party No.1 and she is the custodian of chitty amount and she has to be disbursed the entire amount to the complainant. The complainant alleges that opposite parties are colluding together with an intention to cheat and defraud the complainant and have not so far paid the chitty amount. The opposite parties have make unjust enrichment by their illegal action. The opposite parties have collected chitty monthly sala amount from the complainant and without paying it back they have committed deficiency in service and unfair trade practice. All opposite parties have deliberately not disbursed the chitty amount and trying to evade from payment by collude together. The complainant has caused to sent a registered lawyer notice to opposite party No.1 dated 29/03/2021 demanding the entire amount of chitty that is Rs. 3,00,000/- collected from him by them as Kuri amount. The opposite party No.3 has replied to the said notice on her behalf and also on behalf of opposite party No. 1 that several complaints were registered before the Badiadka Police Station and on discussion, the opposite parties had agreed to make payment at the earliest. The opposite parties were making excuses and stating that they have some financial difficulties that is the sole reason for not making the payment promptly as agreed. The complainant is continuously demanding the payment throughout all these periods and finally on 25/10/2023. Then the opposite parties stated that they cannot make payment at all and threatened the complainant to move to the courts to get the payment. Hence this complaint for necessary redressal. The complainant has suffered severe mental agony and damages which opposite parties are liable to be compensated. The complainant is seeking a direction against opposite parties to pay Rs. 3,00,000/- with interest at the rate of 12% per annum from March 2018 till payment with a compensation of Rs. 2,00,000/- and cost of this proceedings.
Notice of opposite party No.1 returned stating insufficient address. Notice of opposite party No.2 and 3 not served. The complainant filed IA seeking permission for substituted service of notice. The IA is allowed, paper publication is affected on Malayalam daily newspaper Utharadesam dated 27/05/2024, published the notice of opposite parties 1 to 3.
The complainant produced 2 documents, Ext. A1 is the office copy of the legal notice dated 29/03/2021 issued to opposite party No.1, Ext. A2 is the postal acknowledgement of opposite party No.1. Heard the complainant. The issues raised for the consideration are;
- Whether the complainant is a consumer?
- Whether there is any deficiency in service/unfair trade practice on the part of opposite parties in not returning the Kuri amount to the complainant?
- If so, what the relief?
For convenience, all issues can be discussed together. The complainant, a Gulf returning was joined in the Nadan Chitty of Rs. 3,0,000/-, the monthly installment of sala being Rs. 20,000/- for 15 months conducted by opposite party No.1 due to the compulsion of opposite parties. The opposite party No.2 and 3 are agents who collected the sala from the complainant. The complainant paid the first instalment of Rs. 20,000/- in January 2017. In some occasions the sala was collected directly by opposite party No.1, who was accompanied by opposite party No. 2 and 3. After completing the monthly payment of sala of March 2018, when the complainant demanded for the payment of Rs. 3,00,000/-, opposite party requested time till the first week of May 2018. Inspite of repeated demands and requests by the complainant, the opposite parties were failed to pay the amount stating one or other reasons. On enquiring, the complainant came to know that opposite party No.1 is the custodian of chitty amount and she is liable to disburse the amount. The opposite parties were colluded together with intention to cheat and defraud the complainant. The complainant produced Ext. A1 legal notice to prove his case. So far the opposite parties not disbursed the chitty amount caused severe mental agony, monitory loss and hardships to the complainant. The opposite parties are jointly and severally bound to compensate the loss and agony undergone by the complainant. In the absence of rebuttal evidence, there is severe deficiency in service and unfair trade practice on the part of opposite parties. Due to the illegal act of opposite parties, the complainant had undergone untold miseries and hardships.
The prayer of the complainant is to direct of opposite parties to pay Rs. 3,00,000/- with interest at the rate of 12% from March 2018 till payment along with a compensation of Rs. 2,00,000/- and cost of the proceedings.
The complainant is entitled for the total amount of Rs. 3,00,000/- with interest at the rate of 9% per annum from March 2018 till payment. The compensation claimed by the complainant is excessive and without any basis. Considering the facts of this case, this commission holds that an amount of Rs. 50,000/- is a reasonable compensation in this case. The complainant is also entitled for cost of proceedings also.
Therefore the complaint is partly allowed, directing opposite parties to pay Rs. 3,00,000/- (Rupees Three lakhs only) with 9% interest from March 2018 till payment with a compensation of Rs. 50,000/- (Rupees Fifty thousand only) with Rs. 5,000/- (Rupees Five thousand only) as cost to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Office copy of the legal notice
A2 – Postal acknowledgement
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
