By. Smt. Renimol Mathew, Member:-

The complaint is filed under section 12 of the Consumer Protection Act 1986 against the opposite parties for return back the amount paid with interest, cost and compensation.

2. Brief of the complaint:- Complainant joined a chitty of sala Rs.1,00,000/- with opposite parties in the year 2013. The above said chitty started on 27.03.2013 and ends on 27.10.2014. The General Number of the chitty 11005 and Group number is ATIE and customer ID number is 9286. Opposite parties collected Rs.25,100/- as monthly installment from 27.03.2013 to 27.08.2013. In addition to that opposite party company had given Rs.5,000/- as dividend to the complainant. Thereafter opposite parties stopped the collection of chitty installments. On enquiry complainant come to know that opposite parties stopped the chitty business and police registered cases against them. When complainant approached opposite parties to get back the paid amount they assured that they are ready to refund Rs.30,100/- being collected chitty amount with dividend. But opposite parties not complied their promise. According to complainant this act of opposite parties are deficiency of service. Hence filed this complaint to get back the eligible amount with interest compensation and cost.

3. Notices send to opposite parties but they were not appeared hence they set ex-parte.

4. On considering the complaint and documents the Forum raised the following points for consideration:-

1. Whether there is any deficiency of service on the part of the opposite parties?

2. Relief and Cost.

5. Points No.1 & 2:- Complainant filed proof affidavit and Ext.A1 is marked. Ext.A1 is the chitty pass book. On perusal of Ext.A1 it is found that complainant paid Rs.25,100/- to opposite parties. Since opposite parties set ex-parte Forum is of the opine that complainant is entitled to get the relief as prayed in the complaint. The Points are found accordingly.

In the result, the complaint is partly allowed and the opposite parties are directed to pay collected amount of Rs.25,100/- (Rupees Twenty Five Thousand and One Hundred) only together with dividend of Rs.5,000/- with 12% interest from the date of complaint till payment. Opposite parties are also directed to pay Rs.5,000/- (Rupees Five Thousand) only as compensation and Rs.2,000/- (Rupees Two Thousand) only as cost of the proceedings. This Order must be complied by the opposite parties within 30 days from the date of receipt of this Order.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29^th day of April 2015.

Date of Filing:30.12.2014.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:-

PW1. K. V. Prachod (Affidavit) Complainant.

Witness for the Opposite Parties:-

Nil.

Exhibits for the complainant:

A1. Chitty Pass Book.

Exhibits for the opposite parties:-

Nil.

Sd/-

PRESIDENT, CDRF, WAYANAD.

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