D.o.F:4/10/08

D.o.O: 18/2/09

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                        CC.NO. 192 /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

Sunilkumar.C,S/o  Chandrashekaran Nair,

Oruppunk House,    PO.Manadukkam,               : Complainant

Kolichal,Chengala Via.

(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:

        Bereft off all other averments and allegations the complaint is that:  the complainant Sunilkumar.C       joined in the chitty conducted by opposite parties 1 to 3 on 07/10/04.  The total chitty amount on maturity to be received was Rs.25,000/-.  The monthly subscription payable was Rs.500/-.  Complainant paid the entire 29 monthly chitty installments  as stipulated  in the  chitty.  Thus he paid  Rs.14,500/- till 07/2/07.  Thereafter the collection agent  did not approach the complainant  to pay the chitty amount.  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 chitty amount would be paid 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 seeking an order against opposite parties 2&3.

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 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 Sunil Kumar has remitted a total sum of Rs.14,500/- in the chitty.

4.    The non-payment of chitty  amount after its maturity and the misappropriation of chitty amount etc 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.2& 3 are jointly and severally directed to pay Rs.14,500/- 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.

MEMBER                                          MEMBER                 PRESIDENT

Ext.A1-chitty passbook                                                                                                                                             eva/