<br /> <br /> D.o.F:2/9/08<br /> D.o.O:10/11/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.No.156/08<br /> Dated this, the 10th day of November 2008<br /> <br /> PRESENT;<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI :MEMBER<br /> SMT.P.P.SYAMALADEVI : MEMBER <br /> <br /> P.Latheesh,<br /> S/o P.P.Krishnan,<br /> R/at Kookkanam, Po.Karivellur, : Complainant<br /> Kannur Dt.<br /> <br /> C.V.Krishnan,<br /> S/o Late Koman, Vainingat,<br /> Puthukai, Po.Uppilikai : Opposite party<br /> Now he is in Sub Jail,Hosdurg.<br /> <br /> <br /> ORDER<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> <br /> Complaint in nutshell is as follows:<br /> Complainant P.Latheesh joined in the kuri(chitty) conducted by opposite party C.V.Krishnan on 22/6/2003. As per the scheme of chitty , Latheesh has to pay Rs.1000/- each on every month for 46 months and he will get Rs.1,00,000/- on maturity of the chitty. Latheesh paid all the chitty instalments without any default. But inspite of paying the matured chitty amount of Rs.100000/- C.V.Krishnan absconded after closing the office and its branch offices at different places. Opposite party thus defrauded a number of his chitty subscribers. The act of opposite party caused mental agony and losses to the complainant. Hence the complaint praying for an order claiming the chitty amount with interest and costs.<br /> 2. Notice to opposite party was sent by registered post to Sub Jail Hosdurg where he was kept under the judicial custody in connection with many other cases including criminal cases. It was served. But there was no representation for him on the day on which the case was posted no counsels were also engaged. Hence opposite party was called absent and set exparte.<br /> 3. Complainant filed affidavit reiterating what is stated in the complaint. Ext.A1 marked . Ext.A1 is a chitty pass book which shows that he has paid 46 instalments of Rs.1000/- each from 22/6/2003 to 22/3/07. There is no contra evidence to disprove the case of the complainant. Therefore, we find that opposite party committed deficiency in service as envisaged under the Consumer Protection Act.<br /> 4. The complainant claimed Rs.10,000/- towards compensation for the mental agony he suffered. We find the compensation claimed is on high side and it is better to award compensation by way of interest. Therefore, we pass the following order.<br /> The opposite party is directed to refund Rs.46,000/- with interest @12% from the date of complaint along with a cost of Rs.2000/-. The time for compliance is one month from the date of receipt of copy of order.<br /> Sd/ Sd/ Sd/ <br /> MEMBER MEMBER PRESIDENT<br /> Ext.A1-chitty pass book<br /> eva/ /Forwarded by Order/<br /> SENIOR SUPERINTENDENT<br />