Present :      Sri. C.T. Sabu, President

                                                Smt. Sreeja. S., Member

                                                Sri. Ram Mohan R, Member

25^th day of January 2023

CC 409/18 filed on 18/07/18

Complainant:                  C.D.Sijo, Chittilappilly Electricals & Hardwares,

                                      P.O.Peramangalam, Thrissur- 680 545.

                                      (By Adv. C.K.Porinchu, Thrissur)

Opposite Parties:   1.       Thiripura Chits Pvt.Ltd, 36 Jeenis Road, 2^nd Floor,

                                      Saidapet, Chennai- 600 015, Tamil Nadu.

                             2.       Thripura Chits Pvt.Ltd, branch No.19/458/40A,

                                      2^nd Floor, Vanchikulam Road, P.O.Poothole,

                                      Thrissur- 680 004.

                             3.       Krishna Prasad Venkata Rao, Perumbude, A 57,
                                      Elegant Villa, Navallur Village, Chengal Pattu Taluk,
                                      Old Mahabalipuram Road, Kanchipuram- 603 103,
                                      Tamil Nadu.

Amended as per    4.       Sumana, W/o Krishna Prasad, Perumbude, A27,
 dated 18/10/19              Elegant Villa, Navallur Village, Chengal Pattu Taluk,
                                      Old Mahabalipuram Road, Kanchipuram – 603 103,
                                      Tamil Nadu.

                             5.       Vasuk, 17- Jayaram Street, Saida pet,

Chennai- 600 015.

6.       Achu Nair, Venu 4-A-1, Ward 27, Sreenivasan Street,
Pallavapuram Muncipality, Kanchipuram- 600 044.

          (Ex-Parte)

O R D E R

By Smt. Sreeja S. Member:

          The case is that the 1^st opposite party through the 2^nd opposite party canvassed the complainant to subscribe a kuri conducted by the opposite parties as chit No: TSRC 16CCP 160432 commenced on 31/11/16 having a sala of Rs.1,00,000/- (Rupees One Lakh only) and terminating on 30/06/18 of which daily subscription was Rs.200/- (Rupees Two hundred only). The  complainant believing the words of the opposite parties paid the subscription amount till 04/01/18 amounting to Rs.72,600/- (Rupees Seventy two thousand six hundred only). The complainant auctioned the above chit for a reduced amount in the month of November 2017 and the 2^nd opposite party got signed all necessary papers and documents from the complainant as security. The complainant auctioned the chits for Rs.84,000/- (Rupees Eighty four thousand only) and the opposite parties are liable to pay this amount to the complainant. The opposite party was not ready to accept the security offered by the complainant nor ready to pay the chit amount. The above fraudulent attitude and act of the opposite  parties amounts to deficiency in service.

          2) On receiving complaint, notice was properly sent to the opposite parties. Opposite parties not appeared before this Commission and called absent set ex-parte.

          3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced four documents which are marked as Exts. P1 to P4. Ext. P1 is the pass book issued to the complainant dated 27/10/16; Ext.P2 is the pass book issued to complainant dated 17/08/17; Ext.P3 is the receipt No. 34227 dated 27/10/16 from the opposite party and Ext.P4  is the receipt for daily remittance from opposite party.

          4) We have gone through the pleadings and documents produced by the complainant. The case of the complainant is that he auctioned the chitty amount for Rs.84,000/- (Rupees Eighty four thousand only) but the opposite parties not paid the auctioned amount. But the complainant paid only Rs.72,600/- (Rupees Seventy two thousand six hundred only) after that he stopped the payment. Exts. P1 to P3 proves the case of the complainant. Since there is no contra evidence available before us we are inclined to allow this complaint.

          In the result complaint allowed and hereby direct the opposite parties to pay Rs.72,600/- (Rupees Seventy two thousand six hundred only) with 12% interest from 04/02/2018 till realization. The opposite parties are further directed to pay compensation of Rs.10,000/- (Rupees Ten thousand only) and cost of Rs.3,000/- (Rupees Three thousand only) within one month from the date of receipt of a copy of this order. Failing in which the cost and compensation amount shall carry 6% interest from the date of this order.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 25^th day of January 2023.

   Sd/-                                                 Sd/-                                                Sd/-

Sreeja S                                    Ram Mohan R                                   C.T. Sabu

Member                                   Member                                             President

Appendix

Complainant’s Exhibits :

Ext.P1 is the pass book issued to the complainant dated 27/10/16.

Ext.P2 is the pass book issued to complainant dated 17/08/17.

Ext.P3 is the receipt No. 34227 dated 27/10/16 from the opposite party.

Ext.P4 is the receipt for daily remittance from opposite party.

                                                                                                Id/-

Member