Complainant : Prema Chithran, Manjipparambil House,
Vatanappally.P.O., Thrissur.
(By Adv.P.P.Babu, Thrissur)
Opposite Parties : 1. Trade Links Chits & Financial Enterprises
Pvt. Ltd., Head Office, Kattoor, rep. by
Chairman, K.S.Manoj, Kuruvath House,
Kandassamkadavu.P.O., Thrissur.
2. K.S.Manoj, Chairman, Trade Links Chits &
Financial Enterprises Pvt. Ltd.,Kuruvath
House, Kandassamkadavu.P.O., Thrissur.
3. T.A.Thomas, Director, Trade Link Chits &
Financial Enterprises Pvt. Ltd., Thermadom
House, P.O.Kattoor, Thrissurr.
4. M.N.Sajeevan, Director, Trade Link Chits &
Financial Enterprises Pvt. Ltd., Mullayil
House, P.O.Kurumbilavu, Thrissur.
O R D E R
By Dr.K.RadhakrishnanNair, President (I/C)
The case of the complainant is that he had subscribed two chits with the opposite parties as detailed below. (1) Chit No.JM 133 7th day pass book No.526 Rs.60,000/- sala, monthly instalment Rs.1,200/- total instalment 50, maturity date 7/2/16 (2)Chit No.JM-129 7th day pass book No.171, Rs.60,000/- sala, monthly instalment Rs.1,000, Total instalment 60, maturity date 7/12/15. 1st opposite party is the company represented by its Chairman and 2nd, 3rd and 4th opposite parties are its directors. The business was canvassed through agents as well as through wide spread advertisements. Opposite parties have offered 12% interest. The complainant has been made to believe that they have obtained the necessary legal sanction for conducting chit business as well as accepting deposits from the public. As per Chit No.133 the complainant had paid upto 49th instalment and as per Chit No.129 paid up to 58th instalment. Complainant had paid Rs.42,776/- in the chit No.129 and Rs.44,467/- in the chit No.133 The remaining instalments could not be remitted due to the closure of their office. The total amount thus paid is Rs.87,243/-. Even after maturity dates the amount of Rs.87,243/- with interest was not returned. Repeated demands were not considered by the opposite parties. There were a large number of subscribers similarly suffered at their hands. Opposite parties were criminally proceeded and arrested and are released on bail. In the circumstances complainant is entitled to get the paid amount of Rs.87,243/- with 12% interest from the date of maturity of each chit. Opposite parties are liable to pay being deficient in service and have committed unfair trade practice as well.
2. Case admitted, issued notice to opposite parties. Notices returned with an endorsement “addressee left the station”. Being a known case of cheating and exploitation of poor consumers, they were set exparte.
3. Then the case posted for complainant’s evidence. Complainant appeared before the Forum in person and produced proof affidavit along with two documents, which were marked as Exts.P1 and P2. Ext.P1 is the pass book No.171, Ext.P2 is pass book No.526. Both documents are originals. Exts.P1 and P2 clearly establish the deposits made by the complainant. Opposite parties have themselves opted out to give any evidence. In the absence of any contra evidence, the documentary evidence and confirmation of the same by solemn statements are sufficient to discharge the burden of proof of the complainant. We find that the opposite parties are deficient in service and have committed unfair trade practice by nonpayment of the deposited amount.
4. Relief and cost : We are inclined to allow this complaint and direct the opposite parties to pay Rs.87,243/- (Rupees eighty seven thousand two hundred and forty three only) with 12% interest from the maturity of each chit and also Rs.10,000/- (Rupees Ten thousand only) as compensation within thirty days from the receipt of a copy of this order. No order as to costs. Complaint allowed accordingly.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 17th day of February 2020.
Sd/- Sd/-
Sreeja.S Dr.K.Radhakrishnan Nair
Member President I/C
Appendix
Complainant’s Exhibits
Ext.P1 pass book No.171
Ext.P2 pass book No.526
Id/-
President I/C
