D.o.F: 27/09/2008

Do.O: 02/06/2009

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC.181/08

                        Dated this, the 2nd   day of June 2009.

PRESENT:

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SYAMALADEVI                         : MEMBER

Sunilkumar.K.V,

R/at Kuttiyatt House, Puthiyakandam                           : Complainant

Mavungal, Po.Anandasramam

1.C.V.Krishnan, S/o Koman,

 R/at Vainingat, Puthukai. Uppilikkai Po,    Kasaragod.    : Opposite parties   

 (E.Sukumaran, Hosdurg,Adv. for OP.NO.1 )                                                                 

2. V.Balachandran,.  S/o Krishnan,

  Haripuram, Pullur Po, Hosdurg,Kasaragod

3. Sasidharan, S/o Kunhambu,

    Makkarankodu, Po.Haripuram.

                                                               ORDER

SRI.K.T.SIDHIQ: PRESIDENT:

               Precisely stated the complaint is that the complainant  Sunil Kumar K.V joined two chitties conducted by opposite parties 1 to 3.The first chitty was started  on 19/12/06 and 2^nd was  on 14/12/06..  The total chitty amount on maturity to be received was Rs.1,05,000/- each .  Complainant remitted  3 monthly instalments of Rs.5,000/- and Rs.3000/- in both chitties.  Before completing the chitty Opposite parties  1&2  absconded  closing the chitty offices and appropriating crores of rupees paid by   hundreds of chittalans including the complainant. Opposite party No.3 is the agent of  !st& 2^nd opposite parties.  Hence the complainant  praying for an order of refund of amount with interest of Rs.25,000/- and  Rs.10,000/-  as compensation.

2.    Notices were issued to all opposite parties by registered post with acknowledgment due.  But notice to opposite parties NO.2 and 3 returned undelivered with endorsement left.  Even though counsel for  opposite party No.1  represented  and  not filed version or documents.  As against opposite parties 2&3 notice through publication was made.  Even after publication of notice opposite parties Nos.2&3 did not appear to defend the case.  Hence all the opposite parties were set exparte.

3.   Complainant filed affidavit reiterating what is stated in the complaint.  His chitty passbooks marked as Exts.A1 &A2.  From the payment entries made in Exts.A1&A2 it is revealed that the complainant    has remitted a total sum of Rs.24,000/- in  two chitties.

4.    The non-completion of chitty and the misappropriation chitty amount of subscribers are serious deficiency in service on the part of opposite parties.  Therefore opposite parties are liable to compensate the complainant.

     Hence the complaint is allowed and opposite parties Nos.1 to 3 are jointly and severally directed to pay total sum of  Rs.24,000/- in two chitties with interest @ 9% per annum to the complainant from the date of complaint till payment along with a cost of Rs.2500/-.Time for compliance is 30 days from the date of receipt of copy of order.

MEMBER                                                          MEMBER                          PRESIDENT

Exts.A1&A2- chitty passbooks

eva/