Sri.K.GOPALAN: PRESIDENT This is a complaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite party to pay a sum of Rs 17,500/- with interest and cost. The facts of the case in brief are as follows: The complainant was the subscriber in a chitty conducted by the opposite party. The monthly subscription was Rs 2500/- and the chit amount was RS 1 lakh. The opposite party No.1 is the branch office at Kannur. The opposite party No.2 is the registered office at Calicut and opposite party No.3 is the head office of the Sudarsan Chits (India) Ltd. The Manager of the Ist opposite party approached the complainant and induced the complainant to join the chitty. The complainant joined the chitty and the amount was collected from the complainant daily by the foreman of Sudarsan Chits (India) Ltd branch Kannur. The monthly subscription was Rs 2500/-. The complainant accordingly paid Rs 17500/- to opposite party The last instalment paid on 1.11.2001. Thereafter the opposite party failed to collect the amount from the complainant. The complainant approached the opposite party for his money. But they assured prompt service at the earliest. The opposite party failed to pay the amount as promised. The complainant approached the opposite party again and again . Finally he approached the opposite party on 30.5.2005. But opposite party failed to settle the account. The complainant suffered much mental pain and sufferings due to this lmisfortune. The complainant happened to suffer this much of hardship only because of the deficiency in service rendered and unfair trade practice on the side of the opposite party. Hence this complaint. Notice was issued to opposite parties calling upon to file version. But notices returned unclaimed. Subsequently opposite parties 1 to 3 were called absent and set exparte. The main question to be decided is whether there is any deficiency on the part of the opposite parties and the complainant is entitled for the relief as prayed in the complaint. The evidence consists of the proof affidavit of the complainant and Ext. A1 and A2. On going through the available evidence on record it can be seen that the complainant is the subscriber of chitty conducted by the opposite party. Ext. A1 shows that the complainant, subscriber remitted an amount of Rs 17,500/- . Ext. A1 is the photo copy of the pass book issued in the name of the complainant bearing the book no. 31, group no. G.SMAV. Complainant alleged that after 1.11.2001 the opposite party did not collect the chitty instalments. In the affidavit also he has stated that a sum of Rs 17500/- has been remitted in instalments. If the chitty is stopped in the middle it can only be considered as an unfair trade practice. Here it is quite evident that the company, opposite party stopped the chitty only to cheat the subscribers . The subscribers are helpless. Legal action is the only way to get the money back. There is clear deficiency in service on the part of the opposite party. Hence opposite party is held liable to pay a sum of Rs 17500/- with interest @ 8% per annum from the date of order till the realization of the amount. The complainant is also entitled for cost of Rs 500/-, In the result , the complaint is allowed partly directing the opposite party to pay a sum of Rs 17500/- ( Rupees seventeen thousand five hundred only) with interest @ 8% per annum from the date of order till realization of the amount together with a sum of Rs 500/-( Rupees five hundred only) as cost of this proceedings to the complainant within one month from the date of receipt of this order failing which the complainant is allowed to execute the order against the opposite party under the provisions of the Consumer Protection Act. Sd/-MEMBER Sd/- MEMBER Sd/- PRESIDENT APPENIX Exhibits for the complainant A1. Chit pass book (sudarsan Chits India Ltd) dt. 31.3.2001. A2. Copy of letter issued by complainat to the opposite party. Exhibits for the opposite party – Nil. Witnesses examined on either side – NIL Forwarded/ by order SENIOR SUPERINTENDENT | 
