Kerala

Trissur

CC/18/384

Vidhya - Complainant(s)

Versus

TLC Trade Link Chits (p) Ltd - Opp.Party(s)

P.P.Babu

13 Dec 2019

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
AYYANTHOLE
THRISSUR-3
 
Complaint Case No. CC/18/384
( Date of Filing : 06 Jul 2018 )
 
1. Vidhya
-
...........Complainant(s)
Versus
1. TLC Trade Link Chits (p) Ltd
-
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. P.K.Sasi PRESIDENT
 HON'BLE MR. Dr.K.Radhakrishnan Nair MEMBER
 HON'BLE MRS. Sreeja.S MEMBER
 
For the Complainant:P.P.Babu, Advocate
For the Opp. Party:
Dated : 13 Dec 2019
Final Order / Judgement

By  Sri.P.K,.Sasi, President

          The case of the complainant is that she has joined in a chitty conducted by the 1st opposite party from their office at Triprayar having chitty No.TLC3/5.  They also assured 12% interest  for their deposits. She has paid till 19th monthly instalments without any default. And the total amount paid by the complainant in the above chitty is Rs.14,284/-.   After that she could not continue the kuri since the opposite parties stopped the functioning of kuri company from July 2016. And the kuri amount was not paid by the opposite parties.  The act of the opposite parties amounts to deficiency in service as well as unfair trade practice.  The opposite party Nos.2 to 4 are being the directors having direct involvement in the  functioning of the company.  Therefore, they are liable to pay the amount with 12% interest to the complainant.    So the complainant personally demanded on 1/5/2018 to return back the amount paid.  But no relief received. Hence this complaint is filed.

          2. On receiving the complaint, notice was issued to all the opposite parties. But all notices returned stating abolished and left.     Hence all the opposite parties  set exparte.  and posted for complainant’s evidence.  From the side of complainant she has appeared before the Forum and submitted proof affidavit, in which she has affirmed and explained all the averments stated in the complaint in detail.  She has produced one document, which is marked as Ext.P1 kuri passbook.

 

          3. Since there is no contra evidence  available before us, we are inclined  to accept the proof affidavit and heard the complainant’s counsel in detail.  We have gone through the contents of affidavit and perused kuri pass book produced.  The Ext.P1 kuri passbook would go to show that the complainant had paid Rs.14,284/-.   So  she is entitled to get back that amount from the opposite party with interest.  The opposite parties committed deficiency in service as well as unfair trade practice,   since the opposite parties stopped functioning of the company without giving the deposit amount.  If at all there was any contra evidence for the opposite party they ought to have been appeared before the Forum and submitted their version.

 

          4. In the result we allow this complaint and the 1st opposite party company is directed to return Rs.14,284/- (Rupees Fourteen thousand two hundred and eighty four only) with 12% interest from July 2016 to the complainant within one month from receiving copy of this order.  Failing which the complainant is entitled to get 12% interest for all those amount till realization.

 

 

         

 

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 13th  day of  December  2019.

 

 

Sd/-                                                                             Sd/-

Dr.K.Radhakrishnan Nair                                         P.K.Sasi,                                 Member                                                                           President.

         

 

                                      Appendix

 

Complainant’s Exhibits

Ext.P1 Kuri pass book

                                                                                                Id/-

                                                                                                President

 
 
[HON'BLE MR. P.K.Sasi]
PRESIDENT
 
 
[HON'BLE MR. Dr.K.Radhakrishnan Nair]
MEMBER
 
 
[HON'BLE MRS. Sreeja.S]
MEMBER
 

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