IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

                                                     C.C.No. 222/2023

PRESENT

SMT. S.K.SREELA, B.A.L, LL.B, PRESIDENT

SRI.  STANLY HAROLD, B.A.LL.B, MEMBER

                                                           ORDER DATED:   30.10.2024

BETWEEN

Muhammed Shanu, 30 years,

Kaithavaram House 53,

Thirumullavaram P.O., Kollam.                                 :    Complainant

(By Adv.A.Omanakuttan)

AND

1. The Managing Director,

M/s.K-Chery Chits (Pvt) Ltd., Head Office,

K-Chery Building, Punalur, Kollam 691305.

2. The Manager,

M/s.K-Chery Chits (Pvt) Ltd.,

Ganaglaya Building, Anandavalleeswaram Branch,

Anandavalleeswaram, Kollam-13.                     :      Opposite parties

ORDER

Stanly Harold, B.A.LLB, Member

          This complaint is filed U/s 35 of the Consumer Protection Act 2019.       

The brief facts of the complaint are as follows:-

The complainant is a subscriber of the chitty conducted by opposite party M/s K-Chery Chits Pvt.Ltd.  As per the chitty agreement between the 2^nd opposite party as the foreman and the subscribers, duly registered before the sub-registrar, Kollam on 24.09.2020 as Chitty No.251/2020.   The complainant had joined the Chitty with Chittal No.24.  The total sala of the Chitty is Rs.2,00,000/- and the term of chitty is 25 months or instalments.  After joining the Chitty complainant had remitted an amount of Rs.1,77,598/- ie from 26.10.2020 upto 07.12.2022.  The complainant had remitted 23 instalments the amounts were collected by the opposite parties through their agents who conducted door collection.  After 07.10.2022, the opposite parties stopped the collection of chitty instalments for the remaining 2 months.  While so the complainant came to understand the opposite parties have absconded with the amount of the subscribers across Kollam district and all their branches were closed down.  Complainant has issued registered legal notice to both the opposite parties demanding to refund the amount remitted.  That the notice to the 1^st opposite party was returned “unclaimed” and the notice to the 2^nd opposite party was returned with endorsement “closed and left”.  The conduct of the opposite parties is clear case of deficiency in service towards the complainant and also a clear case of contractual violation and also unfair trade practice.  Hence the complaint.

Since the notices issued to the opposite parties were returned with the endorsement "left," a notice was published in the newspaper. Despite this, the opposite parties remained absent without any representation and did not file versions. Consequently, they have been set ex parte.

The complainant filed affidavit in lieu of chief examination and reiterated the averments in the complaint and got marked Exhibit.P1 to P3 (a) documents.  Ext.P1 is the original of Chitty passbook issued from the 2^nd opposite party.  Exhibit P2 is the lawyers notice dated on 16.03.2023.  Exhibit P3 and P3(a) are the returned postal articles.

Exhibit P1 is the original chitty passbook issued from the 2^nd opposite party wherein the 1^st opposite party has affixed their seal.  It is evident that complainant has remitted 23 instalments i.e. an amount of Rs.1,77,598/-.  From Exhibit P1 it is evident that opposite parties deliberately ceased to receive chitty instalment for the remaining 2 months.  

The available materials on record indicate that the complainant made repeated requests to the opposite parties for refund of the remitted chitty amount of 23 instalments, but the opposite parties refused to comply the complainant’s request.  This clear and deliberate withholding of chitty amount of Rs.1,77,598/- amounts to illegal enrichment and demonstrates a breach of their contractual obligations. This indicates a deficiency in service and an unfair trade practice on the part of the opposite parties.

However, the opposite parties deliberately, unlawfully, and arbitrarily failed to fulfill their obligations and provide the agreed-upon service to the complainant. The opposite parties explicitly agreed to promptly pay the remitted chitty amount but the opposite parties failed to honor their commitments, thereby demonstrating clear deficiencies in their service. This behavior constitutes a violation of the terms of their agreement, as well as unfair trade practices. Furthermore, the opposite parties' refusal to return the complainants' remitted chitty amount of Rs.1,77,598/- represents an illegal act of withholding money for their own illicit enrichment. Therefore, it is evident that the opposite parties' conduct in this case demonstrates clear instances of deficiency in service, contractual violation, and unfair trade practices. The complainant is justified in seeking redress for the damages and losses incurred as a result of the opposite parties' actions.

Based on the uncontroverted testimony of the complainant and the supporting documents, Ext.P1 to P3(a), it can be concluded that the complainant presented sufficient evidence to support their case and justify the relief they are seeking. Therefore, based on the evidence presented, it can be concluded that the complainant has established his case and is entitled to the relief he is seeking.

 In the result the complaint is allowed.   The complainant is entitled to realize Rs.1,77,598/- being the chitty amount remitted by the complainant together with interest @ 12% per annum from the date of the complaint i.e. 23-06-2023 until realization and compensation of Rs.10,000/- and Rs.5,000/- as the costs of the proceedings.  The opposite parties 1 and 2 are directed to comply with the above directions within 45 days from the date of receipt of the order failing which the complainant can initiate execution proceedings.                                                                   Dictated to the Confidential Assistant  Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the  Open Commission this the  30^th day of  October 2024.

Sd/-

STANLY HAROLD

MEMBER

Sd/-

S.K.SREELA

PRESIDENT

Forwarded/by Order                    

       Senior superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.P1             :  Original of Chitty passbook issued from the 2^nd opposite party

Ext.P2             : Lawyers notice dated on 16.03.2023

Ext.P3             : Returned postal article

Ext.P3 (a)        : Returned postal article

Witnesses Examined for the opposite parties:-Nil

Documents marked for opposite parties:-Nil

Sd/-

PRESIDENT