D.o.F:24/11/08    

D.o.O: 21/4/09

 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC. 261/08

                        Dated this, the 21^st   day of April 2009.

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SYAMALADEVI                                    : MEMBER

V.V.Pushpalatha,

W/o T.Bhaskran

Thekkumbadan, R/at Nirmal House,             :  Complainant

Po.Madikkai. Via. Nileshwar.

(in person)

1.Puthukai vainigat Sree Vairajathan

   Easwaran Kshethra Committee

   Rept. By its President,

2. C.V.Krishnan, S/o Koman                             : Opposite parties

3. Balachandran, Secretary, S/o Krishnan,

   both are R/at Vainighat, Pudukkai,

   Po.Uppilikkai, Hosdurg.

(E.Sukumaran,Adv. for OP.NO.2)

                                                                  ORDER

SRI.K.T.SIDHIQ : PRESIDENT

           The case of the  complainant Pushpalatha  can be summarized  as follows:

  She joined in the chitty on 26/5/06 conducted by opposite parties 1 to 3.  The total chitty amount on maturity was Rs.1,05,000/-.  Complainant remitted 9 monthly instalments of Rs.3,000/- totaling Rs.27,000/- till 26/1/07.  Before completing the chitty Opposite parties  1 to 3 absconded  closing the chitty offices and appropriating crores of rupees paid by   hundreds of chittalans including the complainant.  Hence the complaint  praying for an order of refund of Rs.27,000/- and  a further sum of Rs.10,000/- towards the mental agony suffered by the complainant with costs.

2.   Notice to opposite parties were sent by registered post.  Eventhough notice to opposite party No.2 was served, he  represented but not filed any version.  Notice to opposite parties 1&3 were returned with endorsement left.  Hence publication of notice by substituted service was ordered and notice against opposite parties 1&3 .  But even after publication of notice, opposite parties 1&3 remained absent and hence  opposite parties 1&3  were set expatre.

3.    Complainant filed affidavit in support of her claim reiterating that is stated in the complaint.  Ext A1 , the chitty passbook is marked.  Heard the counsel for the complainant.  Claim of the complainant proved.

4.  The non  completion of chitty and the appropriation of chitty instalments are  deficiency in services on the part of opposite parties.  It became more grave when  the chitty run by the opposite parties do not have the required license from the authorities.  This is nothing but  an unscrupulous  exploitation  of consumers.

            Therefore the complaint is allowed and the opposite parties 1 to 3 are jointly and severally directed to refund Rs.27,000/- with interest @9% from the  date of complaint till payment along with a cost of Rs.2500/-.  Time for compliance is limited to 30 days from the date of receipt of copy of order.

MEMBER                                    MEMBER                     PRESIDENT

Ext.A1-chitty passbook

eva/