D .o.F:4/10/08

D.o.O: 18/2/09

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                        CC.NO. 194/08

             Dated this, the 18^th day of February 2009

PRESENT:

SRI.K.T.SIDHIQ                                         : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SYAMALADEVI                         : MEMBER

Preetha Alayil Veetil@ Preetha Govi Nair

Rep. by  P.A.holder  her mother A.V.Yesodha,

Rat Alayil Veetil, Near Govt.Hospital                  : Complainant

Karivellur. Po.Karivellur.

(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:

       Pruned off other averments and allegations the complaint is that: complainant Preetha, represented by her P.A.Holder, mother A.V.Yesodha joined in the chitty conducted by opposite parties 1 to 3 on 27/05/06.  The total chitty amount on maturity to be received was Rs.5, 00,000/-.  The monthly subscription payable was Rs.10000/-.  Complainant paid 10 monthly chitty installments amount to Rs.1,00,000/- till 27/2/07.  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 exparte.

3.   Complainant filed Exts.A1&A2 and affidavit reiterating what is stated in the complaint.   Ext.A1 is a chitty passbook .  From the payment entries made in Ext.A1 it is revealed that the complainant   has remitted a total sum of Rs.1,00,000/- 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.1,00,000/- 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

       A2-power of attorney                                                                                                                                                                                                             

eva/                                                /Forwarded by Order/

                                                       Senior Superintendent