THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.

C.C.177/2014

Dated this the 11^th  day of December 2014.

          ( Present:  Sri. G. Yadunadhan, B.A., LLB.              :  President)                       

                         Smt.Beena Joseph, M.A                          : Member    

                                                                                     ORDER

By Beena Joseph, Member

          The petition was filed on 26.03.2014  The case of the complainant is that he  had subscribed to a Chitty, which organized by the opposite parties for a Sala of Rs.10,00,000/- and he invested Rs.1,69,500/- towards the installment of the chitty.  Last installment was paid on 05.09.2013 afterwards opposite party close down their  office at Thamarassery. Thereafter the opposite party did not collect the amount from him or paid the installments already remitted.  Hence this complaint  is  filed against unfair trade practice and service deficiency on the part of the opposite parties seeking  compensation and other reliefs.

             In the above matter notice were issued to both parties.  Complainant appeared.  Notice to first and second opposite party were unclaimed.   Third and 4^th opposite parties notice served but all of them remained absent and set exparte on 28.11.2014.

            Complainant filed chief affidavit and examined as PW1, Exts. A1 to A10 were marked on the side of the complainant.  There was no cross examination or contra evidence against the case of the complainant.   Ext.A1 to A5 clearly shows that complainant has remitted Rs.1,69,500/- towards the Chitty installments of the opposite party. Thereafter the opposite parties  shut down their business at  Thamarassery without returning the amount of the complainant .  From the above discussed evidence it is  clear that the opposite parties had stopped the business by cheating the complainant and other general public .  It is  very clear that opposite party committed unfair trade practice and service deficiency, which has to be prevented and compensated. 

            In the result the petition is allowed.  Therefore we are of the opinion that opposite parties are jointly and severally liable to return Rs.1,69,500/-(Rupees one lakh sixty nine  thousand five hundred only) to the complainant which he remitted as chitty installments with 9% interest    from the date of this order till realization and also to pay Rs.5000/-(Rupees five thousand only) as cost The opposite parties are directed to pay the amount within one month from the date of order.

Pronounced in the open court this the 11^th day of December 2014.

Date of filing:26.03.2014

                       SD/-PRESIDENT                                                                                             SD/-MEMBER

APPENDIX

Documents exhibited for the complainant:

A1.Receipt  for Rs.1,500/- issued by the 1^st opposite party dtd.09.05.2013.

A2.Receipt No.445437 for Rs.5,000/- issued by the first opposite party dtd.09.05.2013.

A3. Receipt No.445442 for Rs.35,000/- issued by the first opposite party dtd.10.05.2013.

A4. Receipt No.876114 for Rs.32,000/- issued by the first opposite party dtd.06.06..2013.

A5. Receipt No.87641for Rs.32,000/- issued by the first opposite party dtd.08.07.2013

A6. Receipt No. 87656 for Rs.32000/- issued by the first opposite party dtd.03.08.2013

A7. Receipt No. 87710  for Rs.32,000/- issued by the first opposite party dtd.05.09.2013

A8. Registered lawyer notice with postal receipts dtd.29.10.13.

A9. Returned lawyer notice issued to first opposite party dtd.29.10.13.

A10. Acknowledgement card signed by second opposite party dtd.02.11.2013.

Documents exhibited for the opposite party:

Nil

Witness examined for the complainant:

PW1.Venugopal(complainant)

Witness examined for the opposite party:

None

                                                                                                                                                     Sd/- President

//True copy//

(Forwarded/By Order)

SENIOR SUPERINTENDENT