D.o.F:4/10/08 D.o.O: 18/2/09 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC. 186 /08 Dated this, the 18th day of February 2009 PRESENT: SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER P.H.Abdul Rahiman, S/o (late) Ahammad Kunhi, : Complainant Hosdurg Kadappuram, PO.Kanhangad. (Mohankumar .P T,Adv,Hosdurg) 1.President, Puthukai vainigat Sree Vairajathan Easwaran Kshethra Committee 2. C.V.Krishnan, S/o Koman : Opposite parties 3. Balachandran, Secretary, S/o Krishnan, both are R/at Vainighat, Pudukkai, Po.Uppilikkai, Hosdurg. ORDER SRI.K.T.SIDHIQ : PRESIDENT: Shorn off all other averments and allegations the complaint is that the complainant Abdul Rahiman joined in the chitty conducted by opposite parties 1 to 3 on 4/11/05. The total chitty amount on maturity to be received was Rs.1,05,000/-. The monthly subscription payable was Rs.3000/-. Complainant paid 13 monthly chitty installments till 12/1/07. Thereafter the collection agent of the opposite parties did not approach to collect the monthly subscription. On enquiry made by the complainant it revealed that opposite parties Nos.2&3 collected huge amount from various chittalans and after misappropriating the amount closed the chitty offices. On enquiry made directly with opposite parties Nos.2&3 they assured that the amount would be refunded on 30/3/07. But subsequently opposite parties Nos.2&3 were absconded. Hence alleging deficiency in service on the part of the opposite parties this complaint is preferred. 2. Notices were issued to all opposite parties by registered post with acknowledgment due. But notice to opposite parties NO.1 and 3 returned undelivered with endorsement left. Even though opposite party No.2 received notice he did not care to appear before the Forum. As against opposite parties 1&3 notice through publication was made. Even after publication of notice opposite parties Nos.1&3 did not appear to defend the case. Hence all the opposite parties were set ex-parte. 3. Complainant filed affidavit reiterating what is stated in the complaint. His chitty passbook marked as Ext.A1. From the payment entries made in Ext.A1 it is revealed that the complainant Abdul Rahiman has remitted a total sum of Rs.39000/- in the chitty. 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 Rs.39000/- with interest @ 9% per annum to the complainant from the date of complaint till payment along with a cost of Rs.2500/-Time for compliance is 30 days from the date of receipt of copy of order. Sd/ Sd/ Sd/ MEMBER MEMBER PRESIDENT Ext.A1-Chitty passbook eva/ / Forwarded by Order/ SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
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