Kerala

Idukki

CC/75/2019

Mohan das N - Complainant(s)

Versus

karuvellimattam Chit's Pvt Ltd - Opp.Party(s)

K M Sanu

26 Jul 2019

ORDER

DATE OF FILING :03/04/2019

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 26^th day of July 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT. ASAMOL P. MEMBER

CC NO. 75/2019

Between

Complainant : Mohandas N.,

Kochuputhenpurayil House,

Puthuppariyaram P.O.,

Thodupuzha.

(By Adv: K.M.Sanu)

And

Opposite Party : 1 . The Manager,

Karuvelimattom Chits Pvt Ltd.,

Vengalloor P.O.,

Thodupuzha.

2 . Navas,

Chairman and Managing Director,

Karuvelimattom Chits Pvt Ltd.,

Amba Building, Thrikkakkara P.O., Kochi 22.

3 . Salam, Director,

Karivelimattom Chits Pvt.Ltd.,

Amba Building, Thrikkakkara P.O., Kochi 22.

 

O R D E R

SRI. S. GOPAKUMAR (PRESIDENT)

 

The case of the complainant is that,

 

Complainant joined a chitty conducted by the opposite parties for an amount of Rs.1 Lakh on 19/12/15. The duration of the chitty was 20 months and monthly subscription was Rs.5000/-. Complainant deposited 46,000/- towards this chitty till 12/08/16. Thereafter the collection agent failed to collect the amount and hence the complainant could not remit the balance chitty instalments. Thereafter the complainant contacted opposite parties 1 to 3 and they informed him that they stopped the chitty and promised him they will pay

(Cont....2)

-2-

the remitted amount soon. Thereafter the opposite parties delayed the payment one or other reasons. Hence the complainant lodged a petition against the opposite parties before the Thodupuzha police station and in reply to that, the opposite parties further informed him that they will return the amount after collecting it from other defaulted subscribers. Till date the opposite parties failed to return the amount.

 

The complainant further stated that after collecting huge amount by way of chitty instalments and evaded from paying the chitty amount to the subscribers, is a gross deficiency in service and unfair trade practice on the part of the opposite parties. Hence opposite parties are bound to pay the remitted chitty instalments along with interest to their customers. Under this circumstances complainant filed this petition seeking relief such as to direct the opposite parties to return the amount of Rs.46,000/- along with 18% interest and further direct them to pay compensation and cost.

 

The notices issued to the opposite parties are returned unserved that means opposite parties purposefully returned the notice and evaded from the process of this Forum. Hence opposite parties set exparte. Exparte evidence adduced by the complainant by way of proof affidavit and Ext.P1 chitty pass book.

 

Heard,

 

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?

 

The Point:- We have heard the complainant and perused the documents. It is seen that the complainant remitted an amount of Rs.46,000/- toward chitty instalments conducted by the opposite parties. None of the allegation levelled against the opposite parties by the complainant is challenged. It is seen that opposite parties admitted all the complaint averments.

 

Under the above circumstances Forum is considered all the contention of the proof affidavit of the complainant and hence the complaint allowed.

(Cont....3)

-3-

Opposite parties are directed to repay Rs.46,000/- as per Ext.P1 to the complainant along with interest @ 18% from 12/08/16 and further directed the opposite parties to pay Rs.3000/- as litigation cost. The above said order shall be complied by the opposite parties within 30 days from the date of receipt of the copy of this order.

 

Pronounced in the Open Forum on this the 26^th day of July, 2019.

 

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

Sd/-

SMT. ASAMOL P. (MEMBER)

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Mohandas N.

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Chitty pass book.

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT