IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA. Dated this the 15th day of December, 2010. Present:- Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C.No.91/2010 (Filed on 19.06.2010)Between: K.P. Santhosh kumar, Kochu Puthen Veedu, Payyanamon. P.O., Konni Thazham Village, Kozhencherry Taluk, Pathanamthitta District. (By Adv. P.M.A. Karim) ..... Complainant. And: 1. Managing Director, Business India Group (BI Chits), Head Office, No.62, GCDA Complex, Marine Drive, P.B.No.2722, Cochin – 31, Pin – 682 031. 2. Branch Manager, Business India Group (BI Chits), Selvam’s Building Complex, Mangulam Junction View, Mangaram, Konni. ..... Opposite parties O R D E R Sri. Jacob Stephen (President): The complainant has filed this complaint against the opposite parties for getting a relief from the Forum. 2. The complainant’s case is that he had subscribed a chitty of the opposite parties with sala of ` 50,000 having 25 monthly instalments of ` 2,000 each vide chitty No.SN 124 during the month of 2008 January. The scheme of the chitty was such that there is no dividend for the chitty as there is no monthly auction. But opposite parties promised payment of ` 55,000 at the end of the scheme i.e. after the payment of 25 instalments. The complainant had paid 17 instalments and he did not paid the 18th instalment onwards as he realised that the chitty business of the opposite parties is not going smoothly as there occurred some financial crisis or some manipulations or diversion or some mismanagement of the fund of the subscribers and later realised that the chitty business of the company has come to an end. Thereafter the complainant tried his level best to get back his paid instalments. But the opposite parties evaded the payment under one or other reasons. The non-payment of the amount of the complainant by the opposite party is a clear deficiency in service, which caused financial loss and mental agony to the complainant. Hence this complaint for the realisation of ` 47,150 under various heads from the opposite parties with its interests at 12% per annum. 3. In this case, the opposite parties were exparte. 4. On the basis of the complaint filed by the complainant, the only question to be considered is whether this complaint can be allowed or not? 5. The complainant’s evidence consists of his proof affidavit in lieu of his chief examination and Ext.A1 series. After closure of evidence, the complainant was heard. 6. The Point:- The complainant’s allegation is that the opposite party is doing chitty business and the complainant is a subscriber of the chitty run by the opposite party. Though the chitty subscribed by the complainant is having 25 instalments of ` 2,000 each, he had paid only 17 instalments as the complainant realised that the opposite party had wound up the chitty business. Thereafter the complainant demanded the amount paid by him. But the opposite party evaded the payment by one or other reasons. Because of the above said act of the opposite party, the complainant had sustained financial loss and mental agony. The opposite parties are liable for the same to the complainant to the tune of ` 47,150 under various heads. 7. In order to prove the complainant’s case, the complainant had filed a proof affidavit in lieu of his chief examination narrating his case along with 6 six receipts for the payment of chitty instalments issued by the opposite party. The documents produced by the complainant is marked as Ext.A1 series as Exts.A1 to A1(e). Ext.A1 to A1(e) are the receipts issued by the opposite party for the payment of the chitty instalments of ` 2,000 each on 24.5.08, 21.1.09, 24.2.09, 23.3.09, 24.4.09 and 24.5.09. According to the complainant, the said receipts are issued for the payment of the 5th, 13th, 14th, 15th, 16th and 17th instalments of the chitty subscribed by him. 8. On the basis of the proof affidavit and Ext.A1 series, it is seen that the complainant had paid 17 instalments of ` 2,000 each to the opposite party. Since the opposite parties are exparte and in the absence of any evidence against the complainant’s case, the complainant’s case stands proved as unchallenged. Hence we find that the complainant is entitled to get ` 34,000 from the opposite parties and the non-payment of the amount by the opposite party is a clear deficiency in service. Therefore, this complaint can be allowed partly with interest and costs. However interest is allowed, no separate compensation is allowable. 9. In the result, the complaint is allowed partly, thereby the opposite parties are directed to pay ` 34,000 (Rupees Thirty Four Thousand only) with interest at the rate of 9% per annum from the date of filing of this complaint along with cost of ` 2,500 (Rupees Two Thousand and Five hundred only) to the complainant within 30 days from the date of receipt of this order failing which the complainant is allowed to realise the whole amount ordered here in above with 12% interest from today till the whole realisation. Declared in the Open Forum on this the 15th day of December, 2010. (Sd/-) Jacob Stephen, (President) Smt. C. Lathika Bhai (Member) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant: Nil. Exhibits marked on the side of the complainant: Nil. A1 to A1(e) : Receipts (6 in Nos.) for ` 2,000 each issued by the opposite parties to the complainant. Witness examined on the side of the opposite parties: Nil. Exhibits marked on the side of the opposite parties: Nil. (By Order) Senior Superintendent. Copy to:- (1) K.P. Santhosh kumar, Kochu Puthen Veedu, Payyanamon. P.O., Konni Thazham Village, Kozhencherry Taluk, Pathanamthitta District. (2) Managing Director, Business India Group (BI Chits), Head Office, No.62, GCDA Complex, Marine Drive, P.B.No.2722, Cochin – 31, Pin – 682 031. (3) Branch Manager, Business India Group (BI Chits), Selvam’s Building Complex, Mangulam Junction View, Mangaram, Konni. (4) The Stock File. | 
