Kerala

Kasaragod

CC/08/25

Ajayan.K. - Complainant(s)

Versus

C.V.Krishnan - Opp.Party(s)

M.M.Nambiar

30 Dec 2008

ORDER


IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CDRF,Fort Road,Kasaragod
consumer case(CC) No. CC/08/25

Ajayan.K.
...........Appellant(s)

Vs.

C.V.Krishnan
P.Balachandran
...........Respondent(s)


BEFORE:
1. K.T.Sidhiq 2. P.P.Shymaladevi 3. P.Ramadevi

Complainant(s)/Appellant(s):
1. Ajayan.K.

OppositeParty/Respondent(s):
1. C.V.Krishnan 2. P.Balachandran

OppositeParty/Respondent(s):
1. M.M.Nambiar

OppositeParty/Respondent(s):




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ORDER

Date of filing : 11-03-08 Date of Order :13-11-08 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.25/08 Dated this, the 13th day of November 2008 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Ajayan.K, S/o.K.Kunhiraman, R/at Kottarachal, } Complainant Thaikkadappuram, Nileshwar Village, Hosdurg Taluk, Kasaragod.Dt. 1. C.V.Krishnan, S/o.Koran, R/at Vainingat, Uppilikkai.Po, } Opposite parties NileshwarVilalge. 2. P.Balachandran, S/o.Krishnan, Haripuram, Pullur.Po, Hosdurg Taluk. O R D E R SRI.K.T.SIDHIQ, PRESIDENT Complainant Ajayan filed this complaint for realising the amount he entitled to get as per the Kuri/Chitty conducted by opposite parties 1&2. Opposite parties were conducting chitty for and on behalf of Puthukkai Sri Vairajathan Ishwara Kshethram Committee, Vainingat, Nileshwar. Ajayan joined as chittalan for the chit amount Rs.2,10,000/- (Rupees Two lakhs and ten thousand only) on 21-10-05. As per the scheme, he has to pay monthly chit instalment of Rs.10,000/- each payable on every 20th day of the month. He has paid the entire instalments as per the scheme till the maturity of Kuri 20-01-07 without any default. Even though Ajayan thereafter approached opposite parties claiming the chitty amount of Rs. 2,10,000/-. Opposite parties delayed the payment on various pretexts. Hence the complaint praying for an order against opposite parties for the payment of Rs.2,10,000/- with interest and compensation of Rs.25,000/- and cost of the proceedings. 2. Notice to Opposite parties were issued by registered post. Eventhough notice served opposite party No.1 not turned up. Hence Opposite party No.1 set exparte. Notice to Opposite party No.2 returned unserved. Hence notice to Opposite party No.2 was made through publication. Even after notice of publication Opposite party No.2 remained absent. Hence Opposite party No.2 was also set exparte. 3. Ajayan filed affidavit in support of his claim. Ext.A1 marked. 4. Ajayan in his affidavit has stated that he joined the chitty for the chit amount Rs.2,10,000/- on 20-10-05. The monthly chit instalment amount was Rs.10,000/-. As per the stipulation of the chitty he has to pay Rs.10,000/- each on every 20th day of the month from 20-10-05 to 10-01-07 and the return are maturity of the chitty he would get back Rs.2,10,000/-. According to him he has paid entire monthly instalments till 20-01-07 without any default. The last instalment was Rs.7500/-. Meanwhile some skirmish were heard regarding the conduct of chitty and the opposite parties never paid the matured chitty amount to Ajayan. 5. Ext.A1 as the chitty pass book. The entries in the pass book shows that Ajayan remitted Rs.10,000/- each on every month commencing from 20-10-05 to 20-12-06 and the last instalment Rs.7500/- on 20-01-07. The total amount he paid towards the chitty was Rs.1,57,500/- as against this payment. 6. Ajayan filed affidavit in support of his contention. He has reiterated that is stated in the complaint. Ext.A1 supports his claim. 7. As per Ext.A1 the chitty pass book the total amount he paid towards the chitty is Rs.1,57,500/-. Definitely he is entitled to get back the said amount of Rs.1,57,500/-. Therefore we allow the complaint and the opposite parties are jointly and severally directed to return the said amount of Rs.1,57,500/-(Rupees One lakh fifty seven thousand and five hundred only) with 9% interest from the date of complaint till payment with a cost of Rs.2000/-. Time for compliance is 30 days from the date of receipt of copy of the order. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1. Pass book. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT




......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi