D.o.F:24/07/08 D.o.O: 11/5/09 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC. 121 /08 Dated this, the 11th day of May 2009 PRESENT: SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER Shantha Kumari.T.V,W/o K.Esana pitrar,R/at Kizhakkeillam, Mannampurath Kavu,Nileshwar Po,Kasaragod., : Complainant(Narayanan.B,Adv,Hosdurg) 1.President, Puthukai vainigat Sree Vairajathan Easwaran Kshethra Committee, Pudukkai,Po.Uppilikkai, Hosdurg. 2. C.V.Krishnan, S/o Koman , Treasurer : Opposite parties Puthukai vainigat Sree Vairajathan Easwaran Kshethra Committee, Pudukkai, Po.Uppilikkai, Hosdurg 3. Balachandran, Secretary, S/o Krishnan, Puthukai vainigat Sree Vairajathan Easwaran Kshethra Committee, Pudukkai,Po.Uppilikkai, Hosdurg . ORDER SRI.K.T.SIDHIQ : PRESIDENT: Precisely stated the complaint is that the complainant Shantha Kumari T.V joined in the chitty conducted by opposite parties 1 to 3 on 20/2/06. The total chitty amount on maturity to be received was Rs.2,10,000/-. Complainant remitted 12 monthly instalments of Rs.10,000/- each totaling Rs.1,20,000/-. 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 complainant praying for an order of refund of Rs.1,20,000/- along with Rs.5000/- as compensation for mental pain and agony and Rs. 5000/- for deficiency in service 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 exparte. 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 ShanthaKumari.T.V has remitted a total sum of Rs.1,20,000/- 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.120,000/- 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. MEMBER MEMBER PRESIDENT Ext.A1-Chitty passbook eva/
......................K.T.Sidhiq ......................P.P.Shymaladevi ......................P.Ramadevi | |