D.o.F:4/10/08

D.o.O: 18/2/09

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                        CC.NO. 191 /08

             Dated this, the 18^th day of February 2009

PRESENT:

SRI.K.T.SIDHIQ                                         : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SYAMALADEVI                         : MEMBER

Bhaskran.P, S/o Kunhambu,

R/at  Vazhunnorodi,                                     : Complainant

Pudukkai,   Po.Uppilikkai,  Hosdurg.

(Mohankumar .P T,Adv,Hosdurg)

1.President,

   Puthukai vainigat Sree Vairajathan

   Easwaran Kshethra Committee

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

3. Balachandran, Secretary, S/o Krishnan,

   both are R/at Vainighat, Pudukkai,

   Po.Uppilikkai, Hosdurg.

                                                                        ORDER

SRI.K.T.SIDHIQ : PRESIDENT:

        Succinctly stated the complaint is that the complainant Bhaskran.P joined in  two chitties

conducted by opposite parties 1 to 3 .  The Ist chitty was commenced on 10/12/04, the total chitty

amount on maturity was Rs.25,000/- and that of second chitty was  Rs.50,000/- that was started on

7/5/06.  The total chitty amount on maturity  to be received was /- Rs.75,000/- .  The monthly

subscriptions payable was Rs.500/-  in the chitty for  Rs.25,000/- and Rs.1000/- in the chitty

for Rs.50,000/-.  Complainant paid 27 monthly chitty instalments in Ist chitty and 10 instalments in 2^nd chitty till February 2007.  Thereafter the collection agent of the opposite parties did not approach to collect the monthly

subsc

ription.  On enquiry made by the complainant  it was revealed that opposite parties Nos.2&3

collected huge amount from various chittalans and after misappropriating the amount closed the

chitty offices.  On enquiry made directly with 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 alleging deficiency in service on the part of the opposite parties this complaint is

preferred.

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 exparte.

3.   Complainant filed affidavit reiterating what is stated in the complaint.  His chitty passbooks

were marked as Exts.A1&A2.  From the payment entries made in Exts.A1&A2 it is revealed that

the complainant Bhaskran  has remitted a total sum of Rs.23,500/-ie( Rs.13500+ 10000) in both the

chitties.

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.23,500/-ie (Rs.13,500+ 10,000) 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.

    Sd/                                                       Sd/                             Sd/

MEMBER                                          MEMBER                 PRESIDENT

Exts.A1&A2-chitty passbooks                                                                       

eva/                                                                /  Forwarded by Order/

                                                                              SENIOR SUPERINTENDENT