By Jayasree Kallat, Member:

            The petitioner was a subscriber in the chitty conducted by opposite party.  She joined on 16-7-02.  She had remitted for 38 months without fail.  The first two instalments were Rs.2500/- then from 16-8-02 upto 16-8-05, she remitted for 36 months @ Rs.1750/- per month.  She was a regular payee.  After 38^th instalment complainant was suspicious about the functioning of opposite party.  As she had witnessed other subscribers making scene before the opposite party company.  Complainant came to know that the company was not refunding money to the subscribers who had to get money from opposite party.  The Partners and General Managers of the opposite party were evading the members who joined the chitty.  At this instance the complainant stopped paying subscription and demanded opposite party to return back the remitted amount of Rs.68000/-.  Opposite party did not give back the amount.  Complainant fears that if she waits upto the 100^th instalments that is upto 2010 October.  Complainant will have to suffer huge loss.  As the complainant finds the opposite party negligent and deficiency in service she has filed this petition claiming Rs.68000/- along with cost.

            Opposite party filed a version denying all the averments and allegations in the complaint.  Though the opposite party admits that the complainant was a subscriber to the chitty conducted by the respondent.  Her ticket No. was 5/02.  Opposite party also admits that the complainant had remitted instalments upto 16-8-05.  Opposite party denies the allegation that the opposite party company is at the verge of closure.  Opposite party also denies the allegation that they failed to repay the chitty amount to some customers of opposite party.  The chitty subscribed by the complainant would mature only in October 2010.  The complainant is a defaulter, hence the opposite party is not liable to pay the amount.  Opposite party prays to dismiss this petition with cost.

            The only point for consideration is whether the complainant is entitled to get any relief?

            The case of the complainant is that she had joined in the chitty conducted by the opposite party.  Her chitty ticket No. was 5/02.  She had deposited Rs.2500/- for the first two months as instalments.  She had remitted 36 instalments from 16-8-02 onwards @ Rs.1750/- per month.  She was a regular payee.  The complainant after 38 instalments found that people were coming to the opposite party’s office and quarrels were taking place.  Complainant was suspicious of the activities of opposite party.  Complainant came to know that the opposite party had defaulted in paying the chitty amount to the subscribers, the General Managers and other responsible officers were evading their subscribers.  The complainant lost confidence in the opposite party.  As the complainant had found that the opposite party was acting in a negligent and deficient manner she stopped paying instalments and demanded the opposite party to refund her deposited amount.  The opposite party told her to wait upto 2010.  The complainant fearing that because of the negligence of opposite party, opposite party company will close down before 2010.  Hence she has approached the Forum to redress her grievance.  Complainant alleges deficiency of service and unfair trade practice on the part of opposite party.  She had undergone lot of mental tension and agony due to the action of opposite party.  The opposite party themselves has admitted that the complainant was a subscriber in the chitty conducted by opposite party and that the complainant had remitted money upto August 2005.  The Forum has found that the case of the complainant can be believed.  Hence she is entitled for the relief.

            In the result the petition is allowed and opposite party is directed to return back Rs.68000/- ( Rupees Sixty eight thousand only) along with a compensation of Rs.10000/- and cost of Rs.500/- to the complainant.

Pronounced in the open court this the 16th day of December 2008.

       Sd/-                                                                Sd/-

PRESIDENT                                                   MEMBER

                                                // True copy //

                        (Forwarded/By order)

                                                                                    SENIOR SUPERINTENDENT.