Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R., Member
25th day of January 2023
CC 139/20 filed on 17/02/2020
Complainant : Jose P.L., S/o Lonappan, Panthallookkaran House,
Vendoor, Amballoor Village, Alagappanagar P.O.,
Thrissur – 680 302.
(By Adv. Manumon A., Thrissur)
Opposite Parties : 1) SreevidyaJayalakshmiKuriesPvt. Ltd.,
Priyam Building, Chennamangalam, Pin – 683 512,
ParavoorTaluk, Ernakulam.
Rep. by Managing Director / Chairman.
2) SreevidyaJayalakshmiKuriesPvt. Ltd.,
Vellikulangara Branch,
Rep. by Managing Director / Chairman,
P.O. Vellikulangara, Thrissur – 680 699.
3) Gopi, Director SreevidyaJayalakshmiKuries (P) Ltd,
S/o Kelan, Puthuparambil House, CherayiDesom,
PallippuramVilalge, Munambam, Kochi Taluk,
P.O. Cherayi, Ernakulam – 683 514.
4) Vinoop, Director SreevidyaJayalakshmiKuriesPvt.
Ltd., S/o Gopi, Puthuparambil House, CherayiDesom,
Pallippuram Village, Kochi Taluk, P.O. Cherayi,
Ernakulam – 683 514.
5) Anoop, Director SreevidyaJayalakshmiKuriesPvt.
Ltd., S/o Gopi, Puthuparambil House,
CherayiDesom, Pallippuram Village, Kochi Taluk,
P.O. Cherayi, Ernakulam – 683 514.
(Ex-parte)
O R D E R
By Sri. C.T. Sabu, President :
The facts of the case are as follows:
The complainant's case is that he had subscribed to a Kuri/Chitti, conducted by the 1st opposite party through the 2nd opposite party branch of the company, having passbook number 549. The complainant paid Rs. 4,000/- each for 18 instalments out of the 25 instalments of the Chitti up to 25.05.2019 without fail. The complainant paid a total amount of Rs. 72,000/- towards the Kuri instalments. The amount was paid through their Vellikulangara and Kodali branches respectively and the same was acknowledged in the passbook. Since the Opposite Parties stopped the functioning of the Chitticompany, the complainant could not remit the amount from 25thJune 2019. Upon enquiry, it has come to the notice of the complainant that to defeat the subscribers, the Opposite Parties stopped the functioning of the Chiiticompany with an ulterior motive. The complainant demanded the amount but the Opposite Parties denied the payment. The act of the Opposite Parties amounts to a deficiency in service as well as unfair trade practice. The 3rdto the 5thOpposite Parties, being the directors, had direct involvement in the functioning of the Chitticompany. Therefore the company as well as the directors are liable to pay the amount to the complainant. As they are reluctant to pay the amount, this complaint is preferred.
2) On receiving the complaint, the Commission issued proper notice to the opposite parties. The Opposite Parties failed to appear nor filed their version before the Commission even though the 3rd to 5th opposite parties received the notice. The 1st and the 2nd opposite parties also failed to appear before the Commission even after the paper publication. Substituted service ordered against the 1st& the 2nd opposite parties as the notice sent returned against the 1st opposite party stating “not known” and against the 2nd opposite party “abolished”. Accordingly, proceedings against the Opposite Parties were set ex-parte and the case is posted for the evidence of the complainant.
3) When the case came for evidence the complainant filed the proof affidavit, in which he affirmed and explained all the averments of the complaint in detail. He produced the Kuri passbook which is marked as Ext. A1.
4) We have gone through the contents of the proof affidavit filed by the complainant and perused Ext. À1 document. Ext. A1 alone is sufficient to prove the case of the complainant. As per the A1 document, it is evident that the complainant has paid 18 instalments up to 25. 05.2019. The complainant paid a total amount of Rs. 72,000/- including the Kuri discount attributed to him. There were no latches on the part of the complainant in the payment of the instalments. The complainant was unable to pay the further instalments because opposite parties stopped functioning the Chitti Company. Hence the complainant is entitled to the entire amount as shown in the A1 Kuri passbook. Additionally, the Opposite Parties denied the payment even after the complainant's request. In the absence of any evidence to the contrary, we find no reason to disbelieve the allegations raised by the complainant. The Opposite Parties had received the instalment amount from the complainant but denied the return payment. The Opposite Parties' deceptive act of defrauding certainly amounts to unfair trade practice and also constitutes a deficiency in service.
5) The Opposite Parties had not cared either to enter an appearance or to file the written version before the commission. The Opposite Parties' conscious failure to submit their written version amounts to an admission of allegations levelled against them by the complainant. The Honourable National Commission expressed the same view in its order dated 09.10.2017 in RP 579/2017 [2017 (4) CPR 590]. The complainant is undoubtedly deserving of the amount as shown in the A1 document. Since there is no contra evidence we are inclined to allow this complaint.
Accordingly, the complaint is allowed and the Opposite Parties are directed to return Rs.72,000/- (Rupees Seventy two Thousand only) with 9% interest per annum from the date of complaint. Also, directed to pay Rs. 10,000/- (Rupees Ten Thousand only) towards the cost and compensation of this complaint. The order shall be complied within one month of receiving the copy of this order failing which the complainant is entitled to get 9% interest for all those amounts till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 25thday of January 2023.
Sd/- Sd/- Sd/-
SreejaS. Ram Mohan R C. T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 Kuri Pass Book.
Id/- President
