D.o.F:5/12/08

D.o.O: 19/5/09

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                        CC. 272 /08

                          Dated this, the 19^th day of May 2009

PRESENT:

SRI.K.T.SIDHIQ                                         : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SYAMALADEVI                         : MEMBER

M.K.Jayanthi,

D/o Shambu Vaidyar,

Aravinda Vaidyashramam,                      : Complainant

Anugraha Ouarters,

Near Durga High School,Kahangad

(P.Padmanabhan,Adv,Hosdurg)

1.President, Puthukai vainigat

   Sree Vairajathan Easwaran Kshethra

   Committee, Po.Uppilikkai, Hosdurg.

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

3. Balachandran, Secretary, S/o Krishnan,

   All are R/at Vainighat, Pudukkai,

   Po.Uppilikkai, Hosdurg.

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

                                                                        ORDER

SRI.K.T.SIDHIQ : PRESIDENT:

        Shorn off all other averments and allegations the complaint is that the complainant M.K.Jayanthi  joined in the chitty conducted by opposite parties 1 to 3 on 15/4/05.  The total chitty amount on maturity  to be received was Rs.50,000/-.  The monthly subscription payable was Rs.1,000/-.  Complainant paid 21 monthly chitty installments of Rs.21,000/-till 15/12/06.    On enquiry made by the complainant    it revealed that opposite parties Nos.2&3 collected huge amount from various chittalans and after misappropriating the amount closed the chitty offices.  On 12/3/07 complainant approached  the  opposite parties Nos.2&3 they assured that the amount would be refunded on 30/3/07.  But subsequently opposite parties Nos.2&3 were absconded.  Hence the complaint  praying for an order of refund of Rs.21,000/- and  a cost of Rs.10,000/- towards the mental pain and hardship suffered by the complainant.

2.    Notices were issued to all opposite parties by registered post with acknowledgment due.  But notice to opposite parties NO.1 and 3 returned undelivered with endorsement left.  Even though opposite party No.2 received notice he did not care to appear before the Forum.  As against opposite parties 1&3 notice through publication was made.  Even after publication of notice opposite parties Nos.1&3 did not appear to defend the case.  Hence all the opposite parties were set ex-parte.

3.   Complainant filed affidavit reiterating what is stated in the complaint.  Her chitty passbook marked as Ext.A1.  From the payment entries made in Ext.A1 it is revealed that the complainant  M.K.Jayanthi   has remitted a total sum of Rs.21000/- in the chitty.

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 Rs.21000/- 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

Ext.A1-chitty passbook