DATE OF FILING : 30.11.2016
IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 27th day of April, 2017
Present :
SRI. S. GOPAKUMAR PRESIDENT
SRI. BENNY. K. MEMBER
CC NO.339/2016
Between
Complainant : Mary Joy, W/o. Joy,
Kodiyankunnel House,
Pazhayarikkandam P.O.,
Prabha City, Idukki.
(By Adv: Babichen V. George)
And
Opposite Parties : 1. Suresh,
Puthenpurackal House,
Kuttappan City, Attikkalam,
Manippara P.O.,
Idukki.
2. Shaija, W/o. Suresh,
Puthenpurackal House,
Kuttappan City, Attikkalam,
Manippara P.O.,
Idukki.
O R D E R
SRI. BENNY. K. (MEMBER)
The complainant had joined in a chit conducted by the opposite parties’ home pass group chit and finances. The 2nd opposite party is the wife of the 1st opposite party. Both of them jointly conducted the chit. Due to the inspiration of the opposite parties, the complainant joined the chit for Rs.50000/-. The complainant had to pay Rs.2000/- for 25 months. The agent of the opposite parties collected the amount in daily base. Complainant is very poor lady. She deposited her hard earned money in opposite parties’ chit in every month. Complainant had remitted Rs.39900/-. Complainant approached the opposite party for remitting her 24th installment. The opposite parties closed their business. The complainant approached the opposite party for getting back her money.
(cont....2)
- 2 -
But the opposite parties were deliberately withholding the money. The complainant was entitled to get Rs.40000/- as on 25.4.2015 with interest and bonus. The act of the opposite parties ae clear deficiency in service and unfair trade practice, by collecting chit amount and withholding the amount. This unfair trade practice caused too much financial and mental agony to the complainant. Hence the complainant approached this Forum for getting back the deposited money and for compensation for financial and mental agony suffered.
In spite of notice from the Forum, the opposite parties never appeared and contended the case. Hence they made exparte.
The point 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 evidence consists of oral testimony of PW1 and Exts.P1 to P3 marked on the side of complainant.
The POINT :- The complainant had joined in the chit conducted by the opposite parties and she had deposited an amount of Rs.39900/-. Ext.P1 is the pass book. After 24th month of deposit, the complainant approached opposite parties for depositing the 25th installment, then only she knew that the chit company closed for ever. Hence complainant asked for the refund of the deposited money. But opposite parties are not willing to do so. We, the Forum think that after collecting a substantial amount and not disbursing the same is a clear case of deficiency in service. In spite of the receipt of the notice from the Forum, opposite parties are negligently and deliberately did not contested the case.
Hence the petition allowed. Opposite parties are directed to return the chit amount Rs.39900/- with 12% interest from 25.4.2015, to the complainant and also directed to pay Rs.10000/- as cost and compensation for the case, within 30 days of receipt of a copy of this order, failing which (cont....3)
- 3 -
the amount shall carry 12% interest per annum from the date of default, till its realization.
Pronounced in the Open Forum on this the 27th day of April, 2017
Sd/-
SRI. BENNY. K., MEMBER
Sd/-
SRI. S. GOPAKUMAR, PRESIDENT
APPENDIX
Depositions :
On the side of the Complainant :
PW1 - Mary Joy.
On the side of the Opposite Party :
Nil.
Exhibits :
On the side of the Complainant :
Ext.P1 - Passbook.
Ext.P2 - Medical prescription of the complainant from Kerala Ayurveda
Pharmacy.
Ext.P3 - Copy of certificate issued by the District Medical Board, Idukki.
On the side of the Opposite Party :
Nil.
/ Forwarded by Order /
SENIOR SUPERINTENDENT
