D.o.F  :6/2/09

D.o.O:1 /7/09

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                        CC. 43 /09

                          Dated this, the 1st day of July 2009

PRESENT:

SRI.K.T.SIDHIQ                                         : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SYAMALADEVI                         : MEMBER

Rajesh Kumar .T,                                                 : Complainant

S/o .K.Ambu Nair,Kottakunnu,

Balal PO.Kasaragod

(P.Narayanan,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:

               Precisely stated the complaint is that the complainant  Rajesh Kumar T joined a chitty conducted by opposite parties 1 to 3. The  chitty was started  on 6/5/06, the total chitty amount on maturity to be received was Rs.1,05,000/-.  Complainant remitted 12 monthly instalments of Rs.5,000/- each.  Before completing the chitty Opposite parties  2&3  absconded  closing the chitty offices and appropriating crores of rupees paid by   hundreds of chittalans including the complainant.  Hence the complainant  praying for an order of refund of  amount with interest of Rs.60,000/- and  Rs.10,000/-  as compensation for mental agony and hardships.

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 counsel for  opposite party No.2  represented  and  not filed version or documents.  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 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    has remitted a total sum of Rs.60,000/- 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 refund the amount and compensate the complainant.

     Hence the complaint is allowed and opposite parties Nos.1 to 3 are jointly and severally directed to pay total sum of  Rs.60,000/-  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

Ext.A1- chitty passbook

eva/

                                                                /Forwarded by Order

                                                       SENIOR SUPERINTENDENT