Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R., Member
24th day of February 2023
CC 414/20 filed on14/10/20
Complainant : Saji C.A., S/o Appukuttan, Chellary House,
Mundathikode, Thrissur - 680 623.
(By Adv. K. Arun Kumar Kaimal, Thrissur)
Opposite Parties : 1) TNT Chits Pvt. Ltd., Thottappilly Complex,
Madayikonam P.O., Mapranam, Irinjalakkuda.
Rep. by Director.
2) TNT Chits Pvt. Ltd., Ollur Industrial Estate,
Ollur, Thrissur, Kerala – 680 306.
Rep. by Managing Director.
(Ex-parte)
O R D E R
By Sri. C.T. Sabu, President :
Facts of the Case as follows:
The case of the complainant is that he has joined in a kuriNo. KV/26-1 started from 27/01/17 with the 1st opposite party company. Instalment amount is Rs.10,000/-. He has remitted 18 instalments without any default till 26/09/18 out of the 30 instalments. Thereafter he could not remit the instalments as the company closed down. The act of the opposite party keeping the eligible amount of the complainant without returning, amounts to deficiency in service as well as unfair trade practice on their part. Due to the illegal acts of the opposite party the complainant happened to sustain unnecessary monetary loss, mental agony and heavy hardship also. Hence this complaint is filed for getting relief.
2) On receiving complaint, notice was properly sent to all the opposite parties but returned unclaimed. Hence both the opposite parties set ex-parte and posted for complainant’s evidence.
3) When the case came for evidence the complainant filed proof affidavit in which he affirmed and explained all the averments in tune with the complaint. From the side of the complainant he has produced 2 documents which are marked as Exts. A1 &A2.Ext. A1 is the Pass Book No.27 issued by the 1st opposite party company. Ext. A2 series (18 Nos.) are the Challan issued by the 1st opposite party company to the complainant.
4) Since there is no contra evidence available before us, we are inclined to accept the proof affidavit filed by the complainant and heard the learned counsel for the complainant in detail. We have gone through the contents of affidavit filed and perused the documents produced. Ext. A1 would go to show that the complainant had remitted 18 instalments. Therefore we are of the opinion that he is entitled to get the remitted kuri instalments of Rs.1,80,000/- with interest.
5) In the absence of any evidence to the contrary, we find no reason to disbelieve the allegations raised by the complainant. The opposite parties’ act of non payment of the amount as per Ext. A1 document certainly amounts to unfair trade practice and also constitutes a deficiency in service.
6) The opposite parties had not cared either to enter an appearance or to file the written version before the Commission even after receiving the Commission’s notice. The opposite parties’ conscious failure to submit their written version amounts to an admission of allegations levelled against them by the complainant. The Hon’ble National Commission expressed the same view in its order dtd. 09/10/2017 in RP 579/2017 [2017 (4) CPR 590].The complainant is undoubtedly deserving of the amount as shown in the Ext. A1 document. Since there is no contra evidence we are inclined to allow this complaint.
In the result, the complaint is allowed and the opposite parties are directed to return Rs.1,80,000/- (Rupees One lakh eighty thousand only) with 12% interest from the date of complaint. Also directed to pay Rs.10,000/- (Rupees Ten thousand only) towards cost and compensation to this complaint.. The order shall be complied within one month from receiving copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 24th day of February 2023.
Sd/- Sd/- Sd/-
SreejaS. Ram Mohan R C. T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 Kuri Pass Book No.27 issued by the 1st opposite party company.
Ext. A2 series (18 Nos.) Challan issued by the 1st opposite party company to the
complainant.
Id/- President
