D.o.F: 25/02/2010 D.o.O:13/08/2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.45/10 Dated this, the 13th day of August 2010. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER C. Viswanathan, S/o Dasappa(late), Poyyakkara House, Po.Chithari, : Complainant Hosdurg,Kasaragod. (in person) 1 President,Pudukkai Vainingattu Sree Vairajathan Eashwaran Kshethra committee, Puthukai : Vaininghat, Po.Uppilikkai,Hosdurg 2.C.V.Krishnan, S/o Koman Treasurer, : Opposite parties Pudukkai Vainingattu Sree Vairajathan Eashwaran Kshethra committee, : Vaininghat, Po.Uppilikkai,Hosdurg 3 Balachandran, S/o Krishnan,Secretary, Pudukkai Vainingattu Sree Vairajathan Eashwaran Kshethra committee, : Vaininghat, Po.Uppilikkai,Hosdurg (Ops 1 to 3 are Exparte) ORDER SRI.K.T.SIDHIQ: PRESIDENT: Complaint is admitted on the file after condoning delay as per order in IA.86 /10. Precisely stated, the complaint is that the complainant joined 3 chitties conducted by opposite parties 1 to 3. The chitties were started on 8/02/05, 9/10/05 & 9/9/06 respectively.. The total chitty amount on maturity to be received was ` 1,00,000/- & ` 1,05,000/- each in other two chitties. Complainant remitted totaling ` 1,27,000/- in three chitties . Before completing the chitty Opposite parties absconded closing the chitty offices and appropriating crores of rupees paid by hundreds of chittalans including that of the complainant. Hence the complainant praying for an order of refund of Rs.2,06,450/- and Rs.20,000/- as cost. 2. Notices were issued to all opposite parties by registered post with acknowledgment due. As against opposite parties 1 to 3 notice through publication was made. Even after publication of notice opposite parties Nos.1 to 3 did not appear to defend the case. Hence all the opposite parties were set exparte. 3. Complainant filed affidavit reiterating what is stated in the complaint. The chitty passbooks of complainant is marked as Exts.A1 to A3 . From the payment entries made in the passbooks, it is revealed that the complainant has remitted a total sum of ` 1,27,000/- in all the chitties. 4. The non-completion of chitty and the misappropriation chitty amount of subscribers are serious deficiency in service on the part of opposite parties. Therefore opposite parties are liable to compensate the complainant. Hence the complaint is allowed and opposite parties Nos.1 to 3 are jointly and severally directed to pay the chitty amount of ` 1,27,000/- with interest @ 9% per annum to the complainant from the date of complaint till payment along with a cost of Rs.3000/-.Time for compliance is 30 days from the date of receipt of copy of order. Sd/ Sd/ Sd/ MEMBER MEMBER PRESIDENT Exts.A1to A3- chitty passbooks eva/ /Forwarded by order/ SENIOR SUPERINTENDENT | 
