By Sri. K. Gheevarghese, President: The complaint filed u/s12 of the Consumer Protection Act. The complainant is a chitty subscriber in the chitty conducted by the opposite party. One Chandrasakaran, an agent of the opposite party on 27.2.06 introduced different types Of chitties of the opposite party. The assurance given to the complainant is that the agent Chandresekaran or any other agent would come to the complainant's shop and collect the subscription amount from Contd......2) 2 time to time. Influenced by the favours assured by the agent of the opposite party the complainant was compelled to be a subscriber No. A-10. The first subscription amount remitted by the complainant was Rs.2,000/- as per the terms and conditions of the chitty, the complainant remitted Rs.1,500/- on every month up to 20.11.06, the agent who used to collect the amount from the complainant did not come to the shop of the complainant and no one else approached the complainant in order to collect the subscription amount. The complainant made an enquiry directly in the office of the first opposite party. It was then only the complainant could understand that the first opposite parties office is undergoing some financial disorders and the administration of the office was improper. The complainant demanded the returned of the amount deposited by him. Whereas one or two persons in the office claimed themselves as the officers came from the 2nd opposite party informed the complainant that there would be no disorders in the collection and dispersal of chitty amount. The complainant was requested to resume the chitty. Later, the complainant got in the role of the chitty subscriber and the payment continued. The Continuity of the chitty was once again disrupted being no agent came to the shop of the complainant to collect the amount Meanwhile, the complainant discontinued the chitty and tried to get back the amount remitted. The 1st opposite party evaded from the liability one or other ground. The first opposite party's office was latter shutdown and the assurance from the office bearers for the repayment of the chitty amount reached no where else. 2. The complainant remitted Rs.15,000/- towards the chitty and the dividend which is to be received by the complainant is Rs.4,500/-. The complainant has heavy loss in the deficiency in services of the complainant. As a chitty subscriber, the opposite parties liability was not performed as assured. The lawyer notice was sent to the opposite party dated, 13.03.07 but no reply received. The 2nd opposite party was sent another lawyer notice dated, 22.4.07. The opposite Contd......3) 3. parties act is absolutely a deficiency in service. The amount of subscription remitted by the complainant is Rs.15,000/- and the dividend which is due to the complainant from the opposite party is Rs.4,500/- along with the compensation and cost Rs.5,500/- with interest of 12% from the date of 20.11.06 are to be given to the complainant. The opposite parties were sent notice. The notice sent to the first opposite party was returned as not known, the notice to the second opposite party was served but no version filed. The publication in daily was done by the complainant for the appearance of 1st opposite party as per the order of this forum. The first opposite party has not made their appearance and is declared exparty. The 2nd opposite party was served notice and no version was filed and subsequently second opposite party is also declared ex party The documents produced by the complainant are marked as A1 to A4. The total collection remitted by the complainant as per Ext.A4 is Rs.15,000/-. The date of commencement of chitty as per this document is 27.2.06 and the termination of chitty is on 27.2.08. the complainant belongs to the group No.A10. In the result, the complaint is partly allowed, opposite party is directed to give the complainant Rs.15,000/- and Rs.4,500/- the due amount as dividend liable to be paid by the opposite party along with Rs.5,500/- towards the compensation and cost. The opposite parties are jointly and severally liable to pay this amount to the complainant with an interest of 12 percent from 20.11.06 till the payment of the entire amount. The order is to be complied with within one month from the date of this order. Pronounced in open Forum on this day of 8th May, 2008.
