D.o.F:3/12/08

  D.o.O:7/8/09

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                          CC.NO. 267/08

                  Dated this, the 7^th day of  August 2009

PRESENT:

SRI.K.T.SIDHIQ                                  : PRESIDENT

SMT.P.RAMADEVI                          : MEMBER

SMT.P.P.SYAMALADEVI               : MEMBER

Babu.K.V,

S/o A.T.Kunhikannan(late)

R/at Kizhekkemuri,cheruvathur                                      : Complainant

Achamthuruthi Po.Kasaragod

(Narayanan.B,Adv. Hosdurg)

1.    Pudukai Vainingat Sree Vairajathan

Easwaran Kshethra Committee office at Vainingat,

Po.Uppilikkai,Pudukkai Village, Hosdurg Taluk,

Kasaragod.Dt.Rep.by its President,

(exparte)

2.     C.V.Krishnan, S/o. Koman, Treasurer,                 

Pudukai Vainingat Sree Vairajathan Easwaran               : Opposite parties  

Kshethra Committee R/at Pudukkai, Po.Uppilikai,

Hosdurg Taluk. Kasaragod.Dt.

(Adv.E.Sukumaran,Hosdurg)

3.             Balachandran, Secretary, S/o Krishnan

 Pudukai Vainingat Sree Vairajathan Easwaran

 Kshethra Committee,   Vainingat, Po.Uppilikkai,

Hosdurg Taluk, Kasaragod.Dt. (Exparte)

                                                                      ORDER

SRI.K.T.SIDHIQ: PRESIDENT:

    Pruned off other averments and allegations the complaint is that: complainant Babu.K.V joined in the chitty conducted by opposite parties 1 to 3 on 22/01/05.  The total chitty amount on maturity to be received was Rs.50,000/-.    Complainant paid 26 monthly chitty installments of  Rs.1000/- each till 22/2/07 totalling Rs.26000/-.  Before  maturity of the  chitty  the  opposite parties  collected huge amount from various chittalans and after misappropriating the amount closed the chitty offices.  Hence  alleging deficiency in service on the part of the opposite parties this complaint is preferred.

2.   Notice to all opposite parties  were issued.  Notice to Opposite parties 1&3 returned as unserved for the reason ‘left’.  Hence publication of notice against opposite parties  1&3 was ordered and even after publication of notice opposite parties 1&3 remained absent.  Hence they were set exparte.    2^nd  opposite  party appeared and filed version denying all the contentions of the complainant as well as the liability cast upon him.  According to opposite party No.2, opposite parties have not conducted any chitty business .  The passbook produced by the complainant is created for the case.  The opposite parties  Pudukai Vainingat Sree Vairajathan  Easwaran Kshethra Committee  is a registered society under the  Societies Registration Act and 2^nd opposite party is the treasurer of the committee.  The said committee decided to construct a  Maha kshetram  of the deity  Shri Vairajathan  Easwaran  along with a  Kalyana  Mandapam, old age home and school building .  The cost estimated for the said construction was Rs. Ten crores/- .  It is decided by the opposite parties committee to raise the said amount by way of donations and collections from devotees and  public.  For the convenience of  the devotees and public the committee opened day deposit and SB account in various financial institutions.  Accordingly they made deposits.  In  the meanwhile the committee faced  some financial straits due to the payment of income tax.  Some donators demanded  return of donations given for constructions and adopted dubious methods to get back the said amount lying in various banks in the name of opposite parties committee.  The opposite parties committee being a donatory    is not liable to return the donations.  The relief sought is against opposite parties is opposed to the provisions of societies registration Act and the rules and regulations of the opposite parties committee.  As per the registered bye law opposite parties committee President alone is having power to represent  the committee.  The secretary has no right to represent the committee.  There is no privity of contract between the parties which could be  enforced in law as per the provisions of the prize  chits and money   circulation (Banning) Act 1978 on the  one hand and on the other hand it is opposed to public policy.  The 2^nd opposite party being the  treasurer of the society is not  liable  to be sued for recovery of the amount  allegedly  due  by the  society.  The 2^nd opposite party is an unnecessary party.  Hence the  complaint is a defective for misjoinder of parties and hence liable to be dismissed.

3.   Complainant filed affidavit in support of his claim reiterating what is stated in the complaint.  The passbook issued bearing the seal of opposite parties committee is produced and marked as Ext.A1.  Both sides heard and the documents produced.

4.   As against the allegations made by the complainant the opposite party No.2 has filed counter affidavit  but  not produced any documents to substantiate his contentions.

5.  Ext.A1 is  produced by the complainant is apparently a  chitty passbook.  If it is a concocted one for  the purpose  of filing the complaint and  extort money from the opposite parties as alleged by the 2^nd opposite party, then of course opposite parties should have resorted appropriate legal proceedings against complainant for creating such false document.  But no such  proceedings are seen initiated by opposite parties.

6.    The registered bye law of the opposite parties society, the details of SB accounts opened in the Financial Institutions, the details of payment made as income tax the books of account of the committee etc are not produced to prove the veracity of the contention of the 2^nd opposite party.  In the absence of such documents  it can safely conclude that Ext.A1is a  chitty passbook  issued by opposite parties to the complainant as part of their chitty transactions.

7.  The non  completion of chitty and the appropriation of chitty instalments are  deficiency in service 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 to conduct the same.  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.26000/- with interest @9% from the  date of complaint till payment along with a cost of Rs.2000/-.  Time for compliance is limited to one month from the date of receipt of copy of  this order.

MEMBER                                            MEMBER                               PRESIDENT  

Ext.A1-chitty passbook 

eva/