D.o.F: 13/12/08 D.o.O:25/7/09 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.7/09 Dated this, the 25th day of July 2009. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER Siddique , S/o Hameed, Mukkada,Karindalam PO, Kasaragod.. : Complainant (Johnyscaruya,Adv,Hosdurg) 1 President,Pudukkai Vainingattu Sree Vairajathan Eashwaran Kshethra committee, Puthukai : Vainingattu, Po.Uppilikkai,Hosdurg 2. V.Balachandran, Secretary, Pudukkai Vainingattu Sree Vairajathan Eashwarante Kshethra committee, Puthukai Po Uppilikkai, Kasaragod. . 3.. C.V.Krishnan, S/o Krishnan, Treasurer, : Opposite parties Pudukkai Vainingattu Sree Vairajathan Eashwaran Kshethra committee, Puthuka, Po.Uppilikkai (E.Sukumaran, Hosdurg,Adv. for OP.NO.3 ) ORDER SRI.K.T.SIDHIQ: PRESIDENT: Precisely stated the complaint is that the complainant Siddique joined a chitty conducted by opposite parties 1 to 3. The chitty was started on 1/4/06 . The total chitty amount on maturity to be received was Rs.1,05,000/- . Complainant remitted 12 monthly instalments of Rs.5,000/- totaling Rs.60,000/-. Before completing the chitty Opposite parties 1&2 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.60,000/- and Rs.3,000/- as cost. 2. Notices were issued to all opposite parties by registered post with acknowledgment due. But notice to opposite parties NO.1 and 2 were returned undelivered with endorsement left. Even though opposite party No.3 was represented by counsel but not filed version or documents. As against opposite parties 1&2 notice through publication was made. Even after publication of notice opposite parties Nos.1&2 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 certified copy 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 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 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 . MEMBER MEMBER PRESIDENT Ext.A1- chitty passbook eva/
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