By Sri. P. Raveendran, Member<br /> <br /> Complaint filed u/s 12 of the Consumer Protection Act.<br /> The complaint in brief is as follows.<br /> The complainant has joined in the chitty conducted by opposite party in Chitty No. KCF/KKA 5/50,000/- on 14.10.2005 in chital No.KKA5-315 at the Kalpetta branch. The complainant has remitted the entire amount up to 20.7.2007. It was endorsed in the chitty passbook by the opposite party. He has also entitled for Rs.9,162/- as divident. So total amount paid by him is Rs.40,000/- . After remitting the 20th instalment the opposite party has promissed to pay the chitty amount at 10% discount ie. for Rs.45,000/-and obtained a post dated cheque from the complainant for Rs.10,000/- as security for future liability. After obtaining a cheque leaf the opposite party has not contacted the complainant. There is gross negligence, carelessness and deficiency of service on the part of opposite party. Hence it is prayed that to pass an order directing the opposite party to pay Rs.45,000/- with interest at the rate of 18% from 27.7.2007 till the payment is made, to pay Rs 25,000/- as compensation and to pay Rs1,000/- as cost.<br /> <br /> 2. Notice served on the opposite party on 27.8.2008. Opposite party has not filed version. Hence opposite party is set exparte.<br /> <br /> 3. The complainant has filed proof affidavit. He has also produced Ext. A1 document. Ext. A1 is the photo copy of the chitty passbook of Kerala Chitty Fund. On perusing the same it is revealed that the complainant has remitted Rs.31,338/- into the chitty. More over it is clear from the above book that the complainant is entitled to get Rs.8,662/- as Veethapalisa. In the proof affidavit he has stated as stated in the complaint.<br /> <br /> 4. The points to be considered are :<br /> 1) Is there any deficiency in service on the part of opposite party?<br /> 2) Relief and cost?<br /> <br /> 5. Point No.1: On going through the complainant, proof affidavit and Ext. A1 it is clear that the complainant has joined in the chitty run by the opposite party and remitted Rs.31,338/- towards the chitty subscription. He is also entitled to get Rs.8,662/- as Veethapalisa. The complainant has agreed to accept the chitty amount at 10% discount ie for Rs.45,000/-. Any how he has to pay back Rs.10,000/- towards future subscription of the chitty. For that amount Opposite party has collected a post dated cheque for Rs.10,000/- from the complainant. Hence it is clear that the complainant is entitled to get Rs.45,000/- with 9% interest from 27.7.2007 till the payment is made. Opposite party can collect Rs.10,000/- towards future subscription from the complainant through the cheque collected by opposite party from the complainant. On considering the above points. We come to the conclusion that there is deficiency in service on the part of opposite party and point No.1 is found accordingly.<br /> <br /> 6. Point No.2: The complainant is entitled to get Rs.45,000/- with 9% interest from 27.7.07 till the payment is made. The complainant is also entitled to get Rs.2,000/- as compensation and Rs.1,000/- as cost.<br /> <br /> In the result the complaint is partly allowed and opposite party is directed to pay Rs,45,000/- (Rupees Fourty five thousand only) with 9% interest from 27.07.07 to till the payment is made. Opposite party is also directed to pay Rs.2,000/-(Rupees two thousand only) as compensation and Rs.1,000/- (Rupees thousand only) as cost. The order is to be complied within one month of this order.