D.o.F:22/3/2010
D.o. Order:30/01/2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.74/2010
Dated this, the 30th day of January 2013.
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Vasanthakumar.K,
S/o T.Govinda Poduval(late),
Mavungal, Ajanur,Anandashram Po, : complainant.
Hosdurg,Kasaragod Dt.
(in person)
1.V.Balachandran, S/o Krishnan
Vainingat,Puthukkai , UppilikkaiPo
Nileshwar, Kasaragod Dt. .(exparte)
2. V.Subramanyan, S/o Kunhundan,
Kizhakkankozhummal,Nileshwar.Po,
Kasaragod Dt.
3. C.V.Krishnan, S/o late Koman,
Vainingat ,Puthukkai,Nileshwar. .
(exparte)
4. President, Puthukkai Vainingat SreeVairajathan
kshethra Committee, ,Puthukkai Uppilikkai Po.
(Ops.2&4 Adv.Anantharaman,Kasaragod)
5. C.V.Ranjith S/o C. V.Krishnan : Opposite parties
Vainingal House,Puthukkai,Nileshwar
(Adv.E.Sukumaran,Hosdurg for OP.5)
6. V.Kunhikrishnan, S/o Krishnan Nair,
Po. Haripuram,Anandheshawaram, Kasaragod Dt.
(now deceased and deleted from party array)
7. Pradeep Kumar, S/o V.Appukuttan,
Po.Chayyom, Via.Nileshwar.
8. Unnikrishnan C.V, S/o T.V.Krishnan,
Thayannur, Anandashram Via.
9. V.Kubumundhan, S/o Muruchi,
Nileshwar,Kasaragod Dt.
10. P.V.Prabhakaran, S/o V.Kunhikoman, : Opposite parties
Po. Chayyom. Kasaragod.
(Op.7&10 Adv.Rajeev.K,Hosdurg)
11. T.V.Krishnan , S/o Kunhambu,
Po.Thayannur,Kasaragod.
12. C.V.Rajan, S/o Karthambu,
Po.Thayannur,Kasaragod.
13. M.K.Anilkumar, S/o Kunhikrishnan,
Po.Haripuram, Kasaragod.
(Adv.K.Kumaran Nair,Kasaragod)
14. C.V.Balakrishnan, S/o Karthambu,
Po.Karindalam, Kasaragod.
15. V.Balachandran, S/o V.Kunhikrishnan,
Po.Haripuram, Kasaragod.
16. kshethra Committee, Vainingal Vairajathan
Easwarante Madam vaka, Kshethra Committee.
Puthukkai Uppilikkai Po
ORDER
SRI.K.T.SIDHIQ : PRESIDENT
The complaint is filed with an application u/s 24A of the Consumer Protection Act to condone the delay caused in filing the complaint. After hearing the complainant the delay is condoned as per order in IA 123/10 and the complaint is admitted on file.
2. The case of the complaint in brief is that he joined in the chitty conducted by opposite parties 1 to 16. But they appropriated the money he paid in the chitty. The total chitty amount on maturity to be received was Rs 62000/-. He joined in the chitty on September 2005 and paid 18 monthly installments of Rs2000/- totaling Rs36,000/- .
3 Initially the complaint was instituted against opposite parties 1 to 3 only. On admitting the complaint notices were issued to opposite parties. Notice to opposite parties 2&3 is served. 2nd opposite party filed version and 3rd opposite party did not turn up. Then complainant filed IA 177/10 to implead supplemental opposite party No.4. It is allowed and supplemental opposite party No.4 impleaded. Subsequently notices to opposite parties 1&4 were also effected through publication. But they remained absent. Hence opposite parties 1,3,&4 were set exparte. Later complainant filed IA 11/11 to implead supplemental opposite parties Nos.5 to 16. It is also allowed and notices were issued to supplemental opposite parties 5 to 16 . In response to the notice the opposite parties 7,8,10,11,12,13 & 14 filed version. The opposite parties 5 & 9 did not file version. Thereafter complainant filed a petition to remove opposite party No.6 from the party array on the ground that opposite party No.6 is no more and he is not seeking any relief against 6th opposite party. The said petition is allowed and opposite party No.6 is removed from party array.
4. Version of 2nd opposite party.
Opposite party No.2 filed version . According to him he neither conducted any chit fund nor prompted the complainant to join in the chitty. He was never a manager or member of the committee of chit fund run by thet opposite parties 1&2. Opposite party No.3 was the President and Balachandran(OP,No.1) was Secretary of the Chit Fund and entire assets and records of the chit were maintained and utilized by them. 2nd opposite party was working as a clerk for a temporary period on daily wages under 3rd opposite party and Ist opposite party. 2nd opposite party had no control over the day to day affairs of the office run by them. There was no privity of contract as creditor and debtor between the complainant and 2nd opposite party. Similar complaints filed by 3rd parties against the opposite party were entered in dismissal earlier exonerating him. The complainant is not a consumer and there is no contract, service or relationship between him and the opposite party. Complainant has not paid any amount to him as to pay it to opposite parties 1&2. The claim of the complainant is without any basis and it is highly excessive. 2nd opposite party has not caused any damages , mental pain or agony to the complainant. The alleged amounts claimed as deposit and interest are also without any basis and not correct. 2nd opposite party has not done any thing detrimental to the interest of the complainant. Nobody contacted or visited his house and he has not promised anything to anybody. Hence the complaint deserves to be dismissed.
5. Version of Opposite parties 7 &10:
According to Opposite parties 7 & 10 they are not the members of the Kshetra committee. It is only after receiving the notice from this Forum they found that their signatures were forged and included in the list of office bearers of opposite party No.16 Kshetra committee. They had not conducted any chitty. Hence they are unnecessary parties to the proceedings.
6. Version of Opposite parties 8,11,12 &14:
According to the joint version filed by Opposite parties 8,11,12 &14 they have no connection with OP.NO.16 Sree Vairajathan Easwaran Kshethra Committee. They have not signed in the bye law of OP.NO.16. The bye-law submitted before the different commercial banks for opening accounts are different . The bye law registered with No.93/IV/06 before the Nileshwar Sub Registrar Office is a fake one and that is not used anywhere. The names of committee members mentioned in the said bye law is also different. Hence they are not liable to pay any amount to the complainant.
7 Version of opposite party No.13.:
According to 13th opposite party he had no knowledge about or any relation with the chitty mentioned in the complaint. Ist opposite party has forged the signature of 13th opposite party in some documents and also one of its bye –law. OP.NOP.16 had got more than one bye law and Articles of Association. The Ist opposite party had included the name of 13th opposite party in one of the bye law of the said committee. About 700 cases are filed against opposite parties 1&3 and in none of those cases Opposite party No.13 is a party. Complainant impleaded opposite party No.13 in order to coerce him knowing that he is a government servant.
8. Complainant filed proof affidavit as PW1 and Exts.A1 is marked in his side. He faced cross examination by the learned counsels for opposite parties2,7,8,10,11,12,13,14. On the side of opposite parties, Opposite party No.2 did not adduce any oral evidence. But Ext.B1 marked on his side, OP.NO.7& OP.NO.10 filed separate affidavits reiterating that is stated in their version as DWs 1&2. Witness of 2nd opposite party examined as DW3. Opposite party No.13 filed affidavit as DW4 and OP.NO.14 filed affidavit for himself and on behalf of opposite parties No.8,11,12 as DW5. Both sides heard and documents perused.
9. Now the points arises for consideration are that whether there is any deficiency in service on the part of the opposite parties in not refunding the chitty instalments to the complainant and what is the relief and cost?
10. The case of the complainant is that he had deposited 18 instalments of Rs 2000/- each in the chitty conducted by opposite parties 1 to 16. Ext.A1 is the pass book issued by opposite party NO.16 committee evidencing the payments of chitty instalments. The passbook shows that the complainant deposited total Rs 36000/- in the chitty.
11. 2nd opposite party in his counter affidavit has stated that he was not running any chit fund and he has not joined the complainant as chittalan. 2nd opposite party was working as a daily wage employee for a short period with Ist opposite party. Apart from him other employees were also working in the said office and they were also collecting the amount from the subscribers. Except working for some period as daily wage employee he has no other connection with 1st opposite party and opposite party No.3 or with the chit fund run by them or with the complainant. Hence he is an unnecessary party to the above case.
12. The case of all the committee members ( i.e opposite parties No.5 to 15 )is that Ist opposite party forged their signatures and concocted the bye law. But it is very important to note that none of the committee members ie, Opposite parties No.5 to 15 ever attempted to initiate any criminal proceedings against Ist & 3rd opposite parties against the alleged forging of their signatures . The silence of the opposite parties No.5 to 15 to initiate any legal proceedings against Ist& 3rd opposite parties who alleged to have forged their signatures itself show that they were the active members of Vairajathan Easwaran Kshethra Committee and they were actually engaged in running the chitty. So they are also liable to redress the grievance of the complainant. Since 6th opposite party is deceased ,on the application of the complainant he is deleted from party array and therefore he is exonerated from the liabilities.
In the result complaint is allowed and the opposite parties 1,2,3,5,7,8,9,10,11,12,13, and 14 being the committee members of the Society and opposite party No.4 being the then President of the committee and opposite party No.16 being the committee itself are equally liable to pay Rs36,000/- to the complainant with interest @9% per annum from the date of complaint till payment along with a cost of Rs 3000/- . Since 6th opposite party is expired on the request of the complainant he is deleted from party array and therefore he is exonerated from the liabilities and his share can be deducted during apportionment of the claim amount. Time for compliance is limited to 30 days from the date of receipt of copy of the order. Failing which the amount of Rs 36,000/- will carry interest @12% from today till payment.
.
Ext.
A1- chitty pass book
B1-copy of judgment in OS.NO.392/07passed by Munsiff court,Hosdurg
PW1-.Vasanthakumar- complainant
DW1-PradeepKumar.P.V- OP.No.7
DW2-P.V.Prabhakaran-OP.NO.10
DW3-V.Subramanyan-OP.2
DW4-Anilkumar.M.K- Op.No.13
DW5-C.V.Balakrishnan- OP.NO.14
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva
/Forwarded by Order/
SENIOR SUPERINTENDENT
