By  Sri.P.K,.Sasi, President

          The case of the complainant is that she has joined in a chitty conducted by the opposite parties with monthly instalment of Rs.10,000/- and she has paid 16 instalments without any default.  Thereafter  she could not continue the kuri since the opposite parties stopped the functioning of the company.  The act  of the opposite parties  stopping the company without settling the kuri amount paid by the customers including the complainant 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 to the complainant.  Hence a lawyer notice was issued on 20/9/16.  But no relief received. Hence this complaint is filed.

          2. On receiving the complaint, notice was issued  all the opposite parties. Whereas except 4^th opposite party  and others neither appeared before the Forum nor submitted any version.  Hence the opposite parties 1to 3 set exparte.  4^th opposite party appeared through counsel and filed detailed version.  According to the contesting  opposite party however he was a director of the company, he has submitted his resignation  and ceased his directorship from the company with effect from 27/10/14. 

The 4^th opposite party further submitted that the allegations raised in the complaint  regarding the joining of kuri and payments made by the complainant is not known to the 4^th opposite party since he was not having any involvement with the  day today affairs of the company.  He further submitted that the company has issued the non liability certificate to him by  accepting his resignation.  He also submitted  that he has informed to all the customers regarding  his resignation by means of paper publication.  He further submitted that he has not committed any sort of deficiency in service or unfair trade practice towards the complainant and prayed  for the dismissal of the complaint against him. 

          3. Then the case was posted for evidence and the points for consideration are that :

1) Whether there was any deficiency in service or unfair trade practice happened on the part of  opposite parties?

2) Whether OP4 is liable to pay any compensation ?

3) If so what costs and reliefs ?

          4. 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 also produced 3 documents, which are marked as Exts.P1 to P3.  Ext.P1 is kuri pass book, Ext.P2 is copy of lawyer notice and Ext.P3 is postal receipt.  From the side of contesting opposite party, he has appeared before the Forum and  filed counter proof affidavit, in which he has affirmed and described  all the contentions raised in his version in detail.  He has also produced  5 documents which are marked as Exts.R1 to R5. Ext.R1 is copy of resignation letter dated 25/10/14, Ext.P2 is copy of F-11 submitted before the Registrar of Companies, Ext.R3 is copy of F-12submitted before Registrar of Companies, Ext.R4 is copy of non liability certificate issued from the 1^st opposite party company and Ext.R5 is copy of paper publication.  We heard both sides in detail. 

          5. According to the complainant she has joined in a kuri conducted by the opposite parties and remitted 16 instalments without any default. Thereafter she  could not continue  the kuri since the opposite party stopped the functioning of the company.  Whereas the contesting opposite party submitted that he cannot be held liable since he has resigned from his directorship. 

          5. We have gone through the contents of affidavits filed and perused the documents produced from both sides.  Ext.P1 kuri pass book would go to show  that the complainant has paid 16 instalments towards  20^th day monthly chitty with monthly instalment of Rs.10,000/-.  It also would  go to show  that the last instalment paid on 13/6/16.  Altogether she has paid Rs.1,60,000/- towards the kuri. 

          6. The documents produced from the side of contesting opposite party would go to show that he has resigned from the directorship of the company with effect from 27/10/14.  Ext.R4 is  a non liability letter issued by the company to the contesting opposite party.  Since there is no  contra evidence adduced from the part of company and other directors, we are inclined to accept the proof affidavit filed by the complainant.  Hence we are of the opinion that the complainant is entitled to get the amount paid towards 16 instalments Rs.1,60,000/- with reasonable interest from the company.  By denying that, the company has committed deficiency in service as well as unfair trade practice towards the complainant.  Hence 1^st point answered accordingly.

          7. Regarding the liability of the contesting opposite party No.4, the documents produced by him would go to show that he is not a director of the company with effect from 27/10/14 and  therefore there may not be any direct involvement on his part in the day to day affairs of the company.  Moreover, Ext.R4 is a non liability certificate issued to the 4^th opposite party by the company.  Considering all these points, 4^th opposite party cannot be held liable for an on behalf of the company.

          8. In the result we allow this complaint  and being a private limited company, the 1^st opposite party is directed  to return Rs.1,60,000/- (Rupees One lakh and sixty thousand only) with 9% interest from 13/6/16 onwards to the complainant  within one month from receiving copy of this order.  Failing which the complainant is entitled to get 9% 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 30^th day  of April   2018.

        Sd/-                                                                         Sd/-

M.P.Chandrakumar                                              P.K.Sasi,                                 Member                                                                    President.

                                      Appendix

Complainant’s Exhibits

Ext.P1 kuri pass book,

Ext.P2 copy of lawyer notice

Ext.P3 postal receipt. 

Opposite Party’s Exhibits

Ext.R1 copy of resignation letter dated 25/10/14,

Ext.P2 copy of F-11 submitted before the Registrar of Companies,

Ext.R3 copy of F-12submitted before Registrar of Companies,

Ext.R4 copy of non liability certificate

Ext.R5 copy of paper publication.

                                                                                                   Id/-

                                                                                                President