DATE OF FILING :27/09/16
IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 27th day of April 2018
Present :
SRI. S. GOPAKUMAR PRESIDENT
SRI. BENNY. K. MEMBER
CC NO. 270/16
Between
Complainant : Johny Varghese,
Padinjarekkara House,
Thopramkudy Kara,
Idukki District.
And
Opposite Party : The Manager,
K S F E Thopramkudy Branch,
Thopramkudy,
Representing KSFE Thopramkudy Branch.
(By Adv:N.K.Vinodukumar)
O R D E R
SRI. S. GOPAKUMAR (PRESIDENT)
The case of the complainant is that,
Complainant was a subscriber of the chit conducted by the opposite party. The opposite party approached the complainant and said that, they are opened a branch in Thopramkudy and if he joined a chit of having sale of
Rs.5 Lakhs, by paying initial amount of Rs.12500/-, the opposite party will make further steps for granting a loan on the basis of the chit. Believing the words of the opposite party, complainant joined a chit and paid Rs.12500/- as first instalment on 18/12/15. This chit is having 40 instalments. Thereafter the opposite party informed that if the complainant submits necessary documents to creating a collateral security, they will allow a loan against this chit. Believing the words of the opposite party, complainant submitted all the necessary documents for creating the collateral security. Thereafter the opposite party withdrawn from their words and informed that they are not ready to grant such type of loan. This act of the opposite party is gross deficiency in service and against this the complainant approached this Forum for getting back to amount deposited along with interest, cost and compensation.
(Cont....2)
-2-
Upon notice opposite party entered appearance and filed detailed reply version. In their version opposite party contented that the complaint is not maintainable. Opposite party further contented that there is a chit agreement in between the complainant and the opposite party and the complainant is violated the agreement and more over no cause of action is stated in the complaint. Opposite party further contented that in this chit there are 40 members, and the complainant is a non-prized subscriber and the opposite party has not given any offer as he stated in the complaint. The complainant remitted only one instalment in this chit and he is bound to remit at least 5% of the total Sala as per the agreement. More over the complainant himself submitted in the 4th para of the complaint that, he himself defaulted the further payment. Hence he is not entitled to get the chit amount. Opposite party further contented that the maturity of the chit is on 18/03/2019. If any one substituted in this chit for the complainant, they will return the amount by deducting the service charges and other charges, otherwise the complainant is entitled to get the amount of the first instalment only after the termination of chit. Hence there is no deficiency in service on the part of the opposite party in this matter.
Complainant was examined as PW1. Ext.P1 was marked. Ext.P1 is the chit pass book and receipt. From the defence side documents produced and marked as Ext.R1 to Ext.R3. Ext.R1 is the chit agreement, Ext.R2 is the chit personal ledger copy, Ext.R3 is the demand notice for further payment.
Heard both sides,
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 considered the arguments of both the parties and have gone through the records. It is not disputed that the complainant joined the chit and remitted Rs.12500/- as the first instalment. The chit is having 40 instalments and the complainant is the 33rd subscriber. As per the deposition the complainant is well aware of the terms and conditions of the chit. It is also an admitted fact that complainant was failed to remit the balance instalment. In the witness box he categorically deposed that his only prayer is to get back
(Cont....3)
-3-
the amount he was remitted to the opposite party company. No evidence is produced by the complainant to convince that whether he joined the chit on the intimidation of the complainant. Also he failed to prove that what are the documents he submitted by the opposite party as collateral security to sanctioning the loan as he averred in the complaint.
Hence the complaint is allowed in part.
The Forum direct the opposite party to repay an amount of Rs.10,000/- to the complainant after deducting an amount of Rs.2500/- as their service charge from the amount of Rs.12,500/-, which was remitted by the complainant as chit instalment, without waiting the maturity period of the above said chit, within one month from the date of receipt of the copy of this order. Failing which amount shall carry 12% interest per annum from the date of default till the realization
Pronounced in the Open Forum on this the 27th day of April, 2018.
Sd/-
SRI. S. GOPAKUMAR (PRESIDENT)
Sd/-
SRI. BENNY. K. (MEMBER)
APPENDIX
Depositions :
On the side of the Complainant :
PW1 - Johny Varghese
On the side of the Opposite Party :
Nil
Exhibits :
On the side of the Complainant :
Ext.P1 - The chit pass book and receipt.
On the side of the Opposite Party :
Ext.R1 - The chit agreement
Ext.R2 - The chit personal ledger copy
Ext.R3 - The demand notice for further payment.
Forwarded by Order,
SENIOR SUPERINTENDENT
