Kerala

Idukki

CC/60/2021

Rijo Sebastin - Complainant(s)

Versus

Sree gokulam chits finance pvt ltd co ltd - Opp.Party(s)

Adv: K B Selvam

28 Oct 2022

ORDER

 

DATE OF FILING : 18/03/2021

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 28^th day of October 2022

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.60/2021

Between

Complainant                            :   Rijo Sebastian,

                                                     Ezharath House, Prakash P.O.,

                                                     Thankamani Village, Idukki District.

                                                     (By Adv.K.B.Selvam)

                                                           And

Opposite Party                        :   1 . The Branch Manager, 

                                                         Sree Gokulam Chit & Finance Co (P) Ltd.,

                                                          Churapuzha Tower, Pala Road, Thodupuzha,

                                                          Idukki District.

                                                     2 .  Sree Gokulam Chit & Finance Co.(P) Ltd.,

                                                           Corporate Office at No.66, Arcot Road,

                                                           Kodambakkam, Chennai – 24.

                                                         (By Adv.V.K.Beena)    

 

O R D E R

SMT.ASAMOL P., MEMBER

 

Complainant’s case is briefly discussed hereunder:-

 

1 . Complainant was a subscriber in chitty numbered 424/1722/TRR, ticket No.04 from opposite parties institution.  The chitty amount was Rs.3,00,000/- for the period of 20 months with monthly instalment of Rs.15,000/-.  The chitty was terminated on 18/08/2020.

 

2 .  Complainant has received the chitty amount from opposite parties under the guarantee of one Mrs.Lisamma Soy and Kochurani.  The guarantors have executed promissory note for the assurance of repaying the chitty amount.

 

 

 

(Cont.....2)

 

-2-

 

3 . Complainant has used this chitty amount for the development of his agriculture, unfortunately, crop failure was happened due to Flood and Covid -19 pandemic periods.  At that time Government has declared Moratorium for all loans.  But, opposite parties have sent several notices demanding the due amount.  Moreover, complainant’s father is a cancer patient and he is undergoing treatment in Kottayam Medical College.  So, complainant has spent huge amount for treatment of his father. 

 

4 . Complainant has repaid Rs.2,26,450/-in this chitty.  Thereafter, complainant has approached opposite parties and informed that he is willing to repay the balance chitty amount in many stages.  But opposite parties were not ready to accept it.

 

5 . On 10/03/2021, complainant has received notice from opposite parties.  As per the notice, complainant has to pay Rs.73,550/- but, due to financial crisis, complainant was not able to pay as such amount.   So, complainant has requested more time to opposite parties for clearing the arrears.  But, on 17/03/2021, unexpectedly, opposite parties had came to the home of complainant and threatened the guarantors that if entire amount is not paid, immediately they would take recovery proceedings against properties of complainant and his sureties without further notice and also file cases against complainant.  Complainant has suffered mental agony due to these acts of opposite parties. 

 

Hence complainant has prayed the following reliefs.

 

1.  Opposite parties may be directed to give some more time to disburse the dues and recovery steps may be stopped.
2.  Opposite parties may be directed to reduce the rate of interest of the loan as per the guidelines of the Reserve Bank of India and Central Government.
3.  Opposite parties may be directed to pay Rs.5000/- as cost of litigation and Rs.10,000/- as compensation to complainant.

 

Upon notice received from the Commission, opposite parties have entered appearance and filed written version.  The contentions of opposite parties are briefly narrated hereunder.

(Cont.....3)

 

-3-

 

According to opposite parties, the complaint is not maintainable either on laws or on facts.  As per the complaint itself, it is clarified that complainant has repaid only Rs.2,26,450/- in the chitty amount of Rs.3,00,000/-.  Therefore, opposite parties has sent notice to complainant on 04/03/2021.  Chitty was terminated on 18/08/2020.  Opposite parties have not received any legal proceedings against the complainant for getting the dues in the chitty till this date.  Also, opposite parties are ready to give a chance for repay the amount as installments.  Opposite parties are acted only on the basis of chitty agreement.  Therefore, there is no unfair trade practice and deficiency in service on the part of opposite parties.  Hence, the complaint may be dismissed.

 

Complainant has not adduced oral evidence.  Two documents were produced and marked as Exts.P1 and P2 on the part of evidence of complainant.  No oral evidence on the part of opposite parties and documents were marked as Exts.R1 to R4.  Heard the counsels for both parties.  But, argument notes were not filed.  Thereafter, the case was taken for orders.  Now, the points which arise for consideration are

 

1.  Whether there is any deficiency in service on the part of opposite parties?

 

2. If so, what is the reliefs entitled to complainant?

 

The Points are considered together:-

 

After hearing the case, we have perused the complaint, written version and documents which were marked on the part of both sides.  As per Ext.R1, it is evident that complainant has paid Rs.2,26,450/- in the chitty account.  Complainant has stated in the complaint that chitty was the value of Rs.3,00,000/- .  In the complaint, it is admitted that complainant has not paid some installments due to financial difficulties.  Therefore, opposite parties have sent notice with regarding the payment of arrears in the chitty amount.  But, after receiving the notice, complainant didn’t pay either any payment or with interest more than said in the agreement.  There is no evidence adduced to prove that opposite parties have received more interest from complainant as per the agreement.  Also, the act of deficiency in service and unfair trade practice on the part of opposite parties are not proved. 

(Cont.....4)

 

-4-

 

The first prayer of complainant is direction may be given to opposite parties for giving some more time to disburse the due amount.  This Commission has no power to grant the above said prayer.

 

Under the circumstances that deficiency in service or unfair trade practice on the part of opposite parties are not proved, other prayers cannot be granted. 

 

In the result, complaint is dismissed without cost.

 

Pronounced by this Commission on this the 28^th day of October, 2022.

 

                                                                             Sd/-

                                                                  SMT.ASAMOL P., MEMBER

                                                                                                Sd/-

                                                                       SRI.C.SURESHKUMAR, PRESIDENT

                                                                                              Sd/-                                                                          

                                                                       SRI.AMPADY K.S., MEMBER

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 – Copy of Medical Certificate dated 01/09/2018

Ext.P2 -  Notice dated 04/03/2021

On the side of the Opposite Party :

Ext.R1 - Monthly Statement

Ext.R2 - Chitty agreement dated 10/06/2019

Ext.R3 -   Receipt dated 10/06/2019 

Ext.R4 - Debt Acknowledgement dated 10/06/2019                                                                    

                                                                                               Forwarded by Order

 

                                                                                        ASSISTANT REGISTRAR