DATE OF FILING : 26.9.2016

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30^th day of March, 2017

Present :

SRI. S. GOPAKUMAR PRESIDENT

SRI. BENNY. K. MEMBER

CC NO.266/2016

Between

Complainant : K.K. Sivan, S/o. Kutti,

Kolappillil House,

Alakkode, Thodupuzha,

Idukki.

(By Adv: K.S. Cyriac)

And

Opposite Parties : 1. Sury Dhanasree Chits Pvt. Ltd.,

Head Office, Excise Kadavu Road,

Piravam – 686 64

Represented by

The Managing Director,

M.R. Babu, S/o. Rajappan,

Mampurathu House,

Mulakkulam North

2. The Branch Manager,

Surya Dhanasree Chits Pvt. Ltd.,

Thodupuzha Branch,

Thodupuzha, Idukki.

(Both by Adv: P.M. Reji)

O R D E R

SRI. S. GOPAKUMAR, PRESIDENT

Complainant is a subscriber of chit conducted by the 1^st opposite party in the name and style Surya Dhanasree Chits Pvt. Ltd. Complainant subscribed two chits as number 8 & 9 for an amount of Rs.50,000/- each in Group No.SC 8 starting from 27.8.2014 and ending on 27.3.2016. the mode of payment is daily basis. In both these chits, complainant remitted an amount of Rs.56,400/- in total upto 31.8.2015, including foreman's profit and an amount of Rs.65,200/- is credited in the chit account of the complainant. When the chit completed on 27.3.2016, the complainant demanded the chit amount which is credited in his account by deducting 5% of foreman's profit so many times, but the 1^st opposite party was not turned up to clear the chit amount. Hence the complainant constrained to issue a suit notice demanding the chit amount along

with interest. Eventhough the opposite party accepted the notice, not initiated any steps to pay back the chit amount. Hence the complainant approached this

(cont....3)

- 3 -

Forum alleging unfair trade practice against the 1^st opposite party and for getting back the chit amount along with interest and costs.

Evenafter the acceptance of notice issued by this Forum, the opposite parties had not turned up to appear before the Forum and contest the matter. Hence after giving sufficient time for appearance of opposite parties, opposite parties are set exparte.

Evidence adduced by the complainant in the form of 3 documents and marked it as Exts.P1 to P3. Ext.P1 is the copy of chit pass book. Ext.P2 is the copy of legal notice and postal receipt. Ext.P3 is the AD Card.

The point for consideration is whether there is any deficiency in service from the part of opposite parties and if so, for what relief the complainant is entitled to ?

Heard both sides.

The POINT :- We have gone through the complaint and exhibits and convinced that the complainant is having a prima facei case against the opposite parties and it is evident from the records and the records are unchallenged. Hence the Forum is of an opinion that the case of the complainant is believable and he proved the deficiency in service and unfair trade practice against the opposite party with clear and cogent evidence.

Hence the complaint allowed. 1^st opposite party is directed to pay an amount of Rs.67,656 along with 18% interest per annum to the complainant from the date of complaint, within 30 days of receipt of a copy of this order, failing which the complainant shall at liberty to proceed against the opposite party under the relevant provisions of Consumer Protection Act.

Pronounced in the Open Forum on this the 30^th day of March, 2017

Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

Sd/-

SRI. BENNY. K., MEMBER

(cont....3)

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APPENDIX

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - copy of chit pass book.

Ext.P2 - copy of legal notice and postal receipt.

Ext.P3 - AD Card.

On the side of the Opposite Party :

Nil.

/ Forwarded by Order /

SENIOR SUPERINTENDENT