By Sri. K. Gheevarghese, President:

The Complainant is a subscriber of the Chit run by the Opposite Party, The chit later discontinued being the office remained closed. The complaint filed is for the refunding of the amount remitted by the Complainant.

2. The complaint in brief is as follows:- The Complainant is a subscriber of a chit of Rs.50,000/- having the ticket No. 117. Till the closing of the Opposite party's office, remitted Rs.21,170/-. The subscriber Complainant could not proceed with the chit being the office was closed and the payment towards the chit fund became defaulted. After the closing of the branch office at Sulthan Bathery meeting of the subscribers were held and delegation sent to the head office at Trivandrum for the refund of the amount remitted along with interest. The lawyer notice was sent to the Opposite party demanding the refund of the amount with interest but reply from the Opposite party was sent on 07.04.2010 denying the request of the Complainant. There may be an order directing the Opposite Party to refund the Complainant Rs.21,170/-, the remitted amount towards chit with dividend of Rs.12,000/-. The Complainant is also entitled for an interest for the same amount at the rate of 12% which comes Rs.11,941/-.

3. The Opposite party filed version in short it is as follows:- The allegation of the Complainant as a subscriber in the chit is not admitted by the Opposite party. The Complainant has not remitted Rs.21,170/- towards the chit run by the Opposite Party. The demand of the Complainant for Rs.12,000/- in the head of dividend and interest of Rs.11,941/- are nothing but false. The complaint itself is not maintainable. The Complaint does not come within the purview of the consumer dispute. Hence the complaint is to be dismissed with cost.

4. Points in consideration are:-

1. Whether any deficiency in service on the part of the Opposite Party in the chit transaction?

2. Relief and cost.

5. Points No.1 and 2:- The Complainant filed proof affidavit, Ext.A1 to A4 are the documents produced for the Complainant. Opposite Party has not tendered any evidence. The Pass Book with details of the chit No.117 is marked as Ext.A1. The date of commencement of the chit was on 27.02.2006 and the date of completion on 27.08.2008. As per this documents the payment made by the Complainant towards the chit total comes Rs.21,170/- on verification of the documents. The reply to the lawyer notice sent for Opposite Party affirms that the Complainant can approach the head office after termination of the chit for the releasing of the amount. The plea of the Opposite Party in this case is that the Complainant himself is not a subscriber and the payment of the Complainant towards chit is not admitted. On verification of the documents produced it is evidently clear that the Complainant remitted Rs.21,170/- towards the chit A10 of Rs.50,000/- ticket No.117. The Opposite party's denial of the amount remitted by the Complainant is a deficiency service and points are found accordingly.

In the result, the complaint is partly allowed. The Opposite Party is directed to refund the Complainant Rs.21,170/- (Rupees Twenty One thousand One hundred and Seventy only) along with interest at the rate of 12% from 27.02.2008 till realization of the amount. The Complainant is also entitled for Rs.3,000/- (Rupees Three thousand only) as cost and compensation. This is to be complied by the Opposite Party within one month from the date of receipt of this order.

Pronounced in open Forum on this the day of 31^st August 2010.

Date of filing: 12.05.2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witnesses for the Complainant:

Nil.

Witnesses for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1. Copy of the Pass Book.

A2. Lawyer Notice. dt:05.04.2010.

A3. Acknowledgement Card.

A4. Reply Notice.

Exhibits for the Opposite Party:

Nil.