D.o.F: 18/9/09 D.o.O:8/3/2010IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.Nos.207/09, 208/09 &209/09 Dated this, the 8th day of March 2010. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER CC.207/09P.K.Koran,S/o Koran, R/at Kariangode,Perole Hosdurg ,Kasaragod.. CC.208/09P.K.Madhu, S/o P.K.Koran, Proprietor, Kairali Soda Company, Kariangode,Perole Hosdurg ,Kasaragod : Complainants CC.209/09P.K.Shobana, S/oK.K.Sukumaran, R/at Palayi,Putharikkandam,Perole, Hosdurg,Kasaagod. 1 President,Pudukkai Vainingattu Sree Vairajathan Eashwaran Kshethra committee, Puthukai : Vainingattu, Po.Uppilikkai,Hosdurg 2. V.Balachandran, Secretary, Pudukkai Vainingattu Sree Vairajathan Eashwarante Kshethra committee, Puthukai Po Uppilikkai, Kasaragod. . 3.. C.V.Krishnan, S/o Krishnan, Treasurer, : Opposite parties Pudukkai Vainingattu Sree Vairajathan Eashwaran Kshethra committee, Puthuka, Po.Uppilikkai ( OP. 1 to 3 Exparte ) COMMON ORDER SRI.K.T.SIDHIQ: PRESIDENT: The case of the complainants are that they jointed in the chits conducted by the opposite parties. The complainants are relatives. CC.207/09 is filed by the father of the complainant M.Madhu in CC.208/09 and his sister filed the complaint CC.209/09. All the chitties were started on 25/02/06 and the total chitty amount on maturity to be received was Rs.1,00,000/- each . Complainants in CC.207/09 &209/09 were remitted 9 monthly instalments of Rs.2,000/- totaling Rs.18,000/- each and the complainant in CC.208/09 has remitted monthly instalments of Rs.2000/- each in 2 chitties totalling Rs74,000/- . Before completing the chitty Opposite parties absconded closing the chitty offices and appropriating crores of rupees paid by hundreds of chittalans including that of the complainants. Hence the complaints praying for an order of refund of chitty amounts and costs. 2. Notices were issued to all opposite parties by registered post with acknowledgment due. But notice to opposite parties NO.1 and 2 were returned undelivered with endorsement closed and name of opposite party No.3 remained absent inspite of receipt of notice . Hence against opposite parties 1 to 3 notice through publication was ordered. Even after publication of notice opposite parties Nos.1 to 3 did not appear to defend the case. Hence all the opposite parties were set exparte. 3. The complainant in CC208/09 examined as PW1 and he filed the authorizations on behalf of other complainants and requested for joint trial of the case. His prayer is allowed and joint trial was conducted . The chitty passbooks of the complainants were marked as Ext.A1 to A4 . From the payment entries made in Exts.A1 to A4 it is revealed that the complainants have remitted a total sum of Rs.1,10,000/- in the chitties. 4. The non-completion of chitty and the misappropriation chitty amounts of subscribers are serious deficiency in service on the part of opposite parties. Therefore opposite parties are liable to compensate the complainant. Hence the complaints are allowed and opposite parties Nos.1 to 3 are jointly and severally directed to pay the chitty amount of Rs.18,000/-each with interest @ 9% per annum to the complainants in CC.207/09 and CC.209/09 and Rs.74,000/- with interest @ 9% per annum to the complainant in CC.208/09 from the date of complaint till payment along with a cost of Rs.3000/- to each complainants. Time for compliance is 30 days from the date of receipt of copy of order. Sd/ Sd/ Sd/ MEMBER MEMBER PRESIDENT Exts.A1 to A4- chitty passbooks eva/ /Forwarded by Order/
......................K.T.Sidhiq ......................P.P.Shymaladevi ......................P.Ramadevi | |