D.o.F:16/10/2009D.o.O:08/5/2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.301/08 Dated this, the 8th day of May 2009. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER O.C.Krishnan Namboodiri R/at Krishnan Nivas, : Complainant Chettoorillam,Pilathara Po, Kannur (Adv.P.Padmanabhan,Kanhangad) 1.Pudukkai Vainingattu Sree Vairajathan Eashwarante Kshethram Committee having its office at Vainingattu, Po.Uppilikkai, PuthukaiHosdurg 2 C.V.Krishnan, S/o Koman, 3. V.Balachandran,. Secretary, S/o Krishnan, All are R/at Vainingat , Puthukai Village Uppilikkai .Po, Hosdurg ,Kasaragod. : Opposite parties ORDER SRI.K.T.SIDHIQ: PRESIDENT: The complaint in brief is as follows: Complainant O.C.Krishnan Namboodiri joined in the chitty conducted by opposite parties Nos.1 to 3. The chitty started as on 18/3/06. The total prize money of the chitty was Rs.2,50,000/-. Complainant remitted 11 monthly instalments of Rs. 5000/- each totaling Rs.60,000/- till 18/12/07. Before completing the chitty Opposite parties 1 to 3 absconded closing the chitty offices and appropriating crores of rupees paid by hundreds of chittalans including the complainant. . Hence the complaint praying for an order of refund of Rs.60,000/- and a further sum of Rs.1,000/- towards the mental agony suffered by the complainant with costs 2. Notice to opposite parties were issued by registered post with AD. Opposite party No.2 served notice not turned up. That apart notice by substituted service also ordered and the complainant produced the newspaper publication of notice against opposite parties Nos.1&3. But none of the opposite parties turned up. Hence opposite parties 1 to 3 were set exparte. 3. Complainant filed affidavit in support of his claim. Ext.A1,the chitty pass book produced and marked. Ext.A1 shows that the complainant had remitted 12 monthly instalments of Rs.5000/- each totaling Rs.60,000/-. 4. The non completion of chitty and the appropriation of chitty instalments are deficiency in services on the part of opposite parties. It become more grave when the chitty run by the opposite parties do not have the required license from the authorities to conduct the same. This is nothing but an unscrupulous exploitation of consumers Therefore, the complaint is allowed and the opposite parties Nos.1 to 3 are jointly and severally directed to pay Rs.60000/- to the complainant with interest @9% per annum from the date of complaint. Opposite parties further directed to pay Rs.1000/- as the cost of these proceedings. Time for compliance is one month from the date of receipt of copy of the order. MEMBER MEMBER PRESIDENT Ext.A1-chitty passbook eva/
......................K.T.Sidhiq ......................P.P.Shymaladevi ......................P.Ramadevi | |