D.o.F:10/2/09 D.o.O:12/03/2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.48/09 Dated this, the 12th day of March 2010 PRESENT: SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER Vinala Kumari.K, W/o .Lakshmanan.V, NGO Quarters,B12, Po.Balla, :Complainant Chemmattamvayal,Kasaragod Dt. (P.Padmanabhan,Adv,Hosdurg) 1. C.V.Krishnan, S/o. Koman, Treasurer, R/at Pudukkai, Po.Uppilikai, Nileshwar. Kasaragod.Dt. (Exparte) 2.V. Balachandran, S/o Krishnan Haripuram, Pullur PO, Hosdurg,Kasaragod, : Opposite parties Nileshwaram, Kasaragod.Dt. (Exparte ) 3. President, Pudukai Vainingat Sree Vairajathan Easwaran Kshethra Committee , Pudukkai Po.Uppilikkai, Nileshwaram,Kasaragod.Dt. (exparte) ORDER SRI.K.T.SIDHIQ: PRESIDENT The grievance of the complainant in brief is that the opposite parties 1 to 3 appropriated her chitty instalments paid in the chitty conducted by them. According to the complainant ,she joined a chitty on 7/10/04 @ Rs.500/- per month. . The total chitty amount on maturity was Rs.25,000/. After completing the chitty Opposite parties 1 to 3 absconded closing the chitty offices and appropriating crores of rupees paid by hundreds of chittalans including that of the complainant. Hence the complainant praying for an order of refund the matured chitty amount of Rs.25,000/- and a further sum of Rs.5000/- towards the mental agony suffered by the complainant with costs 2. Notices were issued to all opposite parties by registered post with acknowledgment due. But notice to opposite parties NO.2 and 3 were returned undelivered with endorsement left. Even though opposite party No.1 was represented by counsel but not filed version or documents. As against opposite parties 2&3 notice through publication was made. Even after publication of notice opposite parties Nos.2&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. The chitty passbook of complainant is marked as Ext.A1 . From the payment entries made in Ext.A1 it is revealed that the complainant has remitted a total instalments in the chitty. 4. The 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 Therefore the complaint is allowed and the opposite parties 1 to 3 are jointly and severally directed to refund Rs.25,000/- with interest @9% per annum from the date of complaint till payment along with a cost of Rs.3000/-. Time for compliance is limited to 30 days from the date of receipt of copy of order Sd/ Sd/ MEMBER PRESIDENT Ext.A1&A2- chitty passbooks eva/ /Forwarded by Order/ SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
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