ADV. RAVI SUSHA, MEMBER. This complaint filed by the complainant for getting Rs.29,325/- with interest compensation and costs. The averments in the complaint can be briefly summarized as follows: Complainant joined as a subscriber in the Chitty No.4/2003 conducted by the 2nd opp.party as Chittal No.34. The chitty amount was Rs.1,00,000/- Chitty commenced on 9.4.2003 and terminated on 9.7.2006. On 5.4.2003 complainant remitted Rs.2500/- the first monthly subscription and gave an authorization to the 2nd opp.party to appear on behalf of her in the auction or drawing at a discount of 30% of chitty amount. Complainant was told by the 2nd opp.party when she was prized in the draw she will be informed of it in writing as well through telephone.Complainant remitted the monthly subscription of the chitty regularly upto 15th instalment. In the 15th instalment, veetha palisa was found to be reduced Rs.250/-. In the above circumstances, complainant approached to the 2nd opp.party to gave a fresh authorization for a reduced discounted amount. After the termination of the chitty on 9.7.2006, complainant approached the 2nd opp.party and demanded the amount remitted by her as instalment 1 to 15 . But to the surprise of the complainant she was informed that 8th instalment was prized in her favour and she had not come forward to accept the amount. Now the 2nd opp.party is reluctant to pay the amount paid by the complainant with interest and other benefits The 2ndopp.party offered a meager amount of Rs.9253/- which was not accepted. There is deficiency in service on the part of the opp.parties. Hence the complaint. The 1st opp.party filed version contending, interalia, that the complaint is not maintainable either in laws or on facts. The complainant was a subscriber in chitty No4/03 as chital No.34 with the 2nd opp.party for a sala of Rs.1,00,000/- . The chitty has commenced on 9.4.2003 and terminated on 9.7.06. The complainant has submitted authorization to the 2nd opp.party to bid up to 30% for a period of 12 months. The complainant was included in the lot from 9.4.03 to 10.11.2003. On 10.11.2003 she got the auction and the matter was informed the complainant on 12.11.2003 by registered post. But she has not responded and remitted the chitty instalments upto 15 and thereafter committed default in remittances. The complainant never approached the 2nd opp.party for giving fresh authorization and no officer of 2nd opp.party told that she got auctioned on 5th instalment. The 2nd opp.party has informed the complainant lby registered post that she got auctioned on 10.11.2003 and she never declared that she is not interested in continuing the said chitty. It is true that the complainant has auctioned the chitty at the 8th instalment and she did not take any step either to release the prize money is to deposit the same and it is further submitted that the 2nd opp.party has issued registered notice informing the auction of the chitty to the complainant The opp.parties have n ot played any unfair trade practice or deficiency in service as alleged. The complainant is not entitled to get any compensation or reliefs. Hence the opp.parties prays to dismiss the complaint. 1. Whether there is deficiency in service on the part of the opp.parties 2. Reliefs and costs. For the complainant PW.1 is examined. Ext.P1 to P4 are marked. For the opp.party DW.1 is examined Ext. D1 to D6 are marked. Points: Complainant’s case is that she was a subscriber to chittyNo.3/2003 conducted by 2nd opp.party and she remitted the chitty regularly upto 15the instalments. Since the veetha palisa of 15th instalment was reduced to Rs.250/-0 She approached the 2nd opp.party and on examining the records the 2nd opp.party told that 5th instalment was prized. On verifying the register the complainant found that some correction were made in the register and the prized amount was given to some other person. Then the complainant decided not to continue the chitty. After the terminations of chitty the complainant approached the 2nd opp.party and demanded the amount. Then she was told that 8th instalment was prized to her and that was dulyinformed to her and she failed to come forward for accepting the amount. 2nd opp.party offered meager amount of Rs.9253/-; hence the complainant alleges deficiency in service on the part of the 2nd opp.party and filed this complaint. 2nd opp.party’s main contention isthat the 8th instalment was prized in favojr of complainant and that was duly informed to the complainant by a registered post and she failed to come forward and accept the amount Here there is no dispute that the complainant was a subscriber of chittNo.4/2003 having sala of Rs.1,00,000/- as chital No.34 conducted by 2nd opp.party and the complainant remitted the chitty instalment upto 15th instalment. The only point to be decided is whether there is any deficiency of service on the part of the opp.parties. According to complainant upto 15th instalment she was never informed of the bidding in her favour at any point of time. Opp.party’s argument that 8th instalment of the chitty was prized to her and that was duly informed to her and she failed to confounded and accepted the amount. For supporting the said contention opp.party produced Ext. D2 and D3. But the address of the person to whom those letters was issued is not mentioned in Ext. D2 and D3. During cross examination DW.1 deposed that he will produce the concerned acknowledgement cards. But that is not done. Hence on merely producing Ext. D2 and D3 does not come to the inference that opp.party 2 has duly informed to the complainant that the 8th instalment of the chitty was prized to her. The Additional documents produced by the complainant shows that she was in need of money at the relevant period. That revealed that if the complainant was duly informed about bidding of 8th instalment of chitty in her favour she would have received the money on producing proper sureties. The 2nd opp.party could have informed the complainant by telephone or in person while she came before the 2nd opp.party for remitting the 9th to 15th instalments Hence from the whole evidence we are of the opinion that there is deficiency of service on the part of opp.parties In the result the complaint is allowed. Opp.parties are directed to pay Rs.29,325/- to the complainant with interest at 12% from 13.7.2004 till realization of the amount. Opp.parties are also directed to pay Rs.10,000/- as compensation and Rs.1000/- as cost of the proceeding. The order is to be complied with within one month from the date of receipt of this order. Dated this the 31st day of October, 2009. . I N D E X P1. Pass book P2. – Chalan receipt dated 5.4.2003 P3. – Copy of receipt List of witnesses for the opp.party DW.1. – Thomas Panicker List of documents for the opp.parties D1. – Gazette notification dated 30.10.96 D2. – Registered letter dated 10.11.2003 D3. – Postal journal D4. – Instalment intimation letter D5. – Register of auction proceedings D6. – Auction proceedings | 
