IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA Dated this the 23rd day of May, 2009 Present : Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C. No. 10/09 Between: Thomas. P. Mathew, Panicker’s Bakery, Padinjattinkara House, Kumbanadu P.O., Pathanamthitta Dist – 689 547. (By Adv. R. Gopikrishnan) .... Complainant. And: - Valuthundil Financers,
Valuthundil Buildings, Konni P.O., Mangaram Muri, represented by its Managing Partner Daniel. V. George. - Daniel. V. George,
Valuthundil House, Mangaram, Konni. P.O. - Rosamma Daniel, W/o. Daniel.V.George,
Valuthundil House, Mangaram, Konni. P.O. .... Opposite parties. ORDER Sri. Jacob Stephen (President): The complainant’s case as per the complaint and proof affidavit is as follows: The complainant is a subscriber of a chitty started by the opposite parties vide chitty No.10092. As per the terms of the chitty, the subscriber has to pay opposite parties Rs.150/- per day. Accordingly, the complainant had paid the first instalment on 19.01.2006 and he paid the chitty insalments till 7.08.2007 without any default. Thereafter, the collection agent of the opposite parties has not turned up for collecting the chitty subscription. Till then he had paid a total amount of Rs.49,550/- to the opposite parties. On enquiry, the complainant came to know that the opposite parties have stopped their business. The complainant approached the opposite parties directly and through mediators for getting the chitty amount paid. But the opposite parties have not given the chitty amount paid by the complainant. The non-payment of the chitty amount by the opposite parties is a deficiency of service, which caused financial loss and mental agony to the complainant. The complainant is entitled to get the chitty amount of Rs.49,550/- from the opposite parties. Hence he filed this complaint for an order allowing him to realise Rs.49,550/- with 9% interest along with compensation of Rs.25,000/- and cost of this proceedings from the opposite parties. 2. In this case, the opposite parties have not turned up for contesting the case irrespective of paper publication against them. So they were declared as exparte. 3. On the basis of the complaint, the only point raised for consideration is whether this complaint is allowable or not? 4. In order to prove the complainant’s case, the complainant has filed a proof affidavit narrating his complaint along with the chitty pass book issued by the opposite parties which is marked as Ext.A1 on the basis of the proof affidavit. The averments in the proof affidavit shows that the complainant had paid an amount of Rs.49,550/- to the opposite parties in chitty No.10092. On a perusal of Ext.A1, it is seen that an amount of Rs.49,550/- was collected by the opposite parties as on 7.08.2007. Since the opposite parties are exparte and in the absence of any evidence showing that the chitty amount was returned to the complainant, the complainant’s case stands proved as unchallenged. The non-payment of the chitty amount by the opposite parties is a deficiency of service and the complainant is entitled to get the chitty amount with its interest from the opposite parties. However, the complainant is entitled to get interest for the chitty amount, separate compensation for mental agony is not required. 5. In the result, this complaint is partly allowed, thereby the opposite parties are directed to pay an amount of Rs.49,550/- (Rupees Forty Nine thousand five hundred and fifty only) with 9% interest per annum from 7.08.2007 till this date along with cost of Rs.1,000/- (Rupees One thousand only) to the complainant within 30 days from the date of receipt of this order, failing which the complainant is allowed to realise the chitty amount of Rs. 49,550/- with 9% interest per annum from 7.08.2007 till this date and thereafter at 10% interest per annum till realisation of the whole amount. Declared in the Open Forum on this the 23rd day of May, 2009. (Sd/-) Jacob Stephen, (President) Smt. C. Lathika Bhai (Member) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant : Nil. Exhibits marked on the side of the complainant: A1 : Chitty Passbook Witness examined on the side of the opposite parties: Nil. Exibits marked on the side of the opposite parties : Nil. (By Order) Senior Superintendent. Copy to:- (1) Thomas. P. Mathew, Panicker’s Bakery, Padinjattinkara House, Kumbanadu P.O., Pathanamthitta Dist – 689 547. (2) Daniel. V. George, Valuthundil House, Mangaram, Konni. P.O. (3) Rosamma Daniel, W/o. Daniel.V.George, Valuthundil House, Mangaram, Konni. P.O. (4) The Stock File. (By Order) Senior Superintendent Copy to: (1) Thomas. P. Mathew, Panicker’s Bakery, Padinjattinkara House, Kumbanadu P.O., Pathanamthitta Dist – 689 547. (2) Daniel. V. George, Valuthundil House, Mangaram, Konni. P.O. (3) Rosamma Daniel, Valuthundil House, Mangaram, Konni. P.O. (4) The stock file.
......................Jacob Stephen
......................LathikaBhai
......................N.PremKumar | | 
