Date of filing : 16-04-2008<br /> Date of order : 17-11-2008<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD<br /> CC.46/08<br /> Dated this, the 17th day of November 2008.<br /> PRESENT<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER<br /> <br /> P.K.Harindran,<br /> S/o.Kalliyodan Koran, Rep.by Soumini, } Complainant<br /> W/o.P.K.Harindran, R/at Mavungal in <br /> Ajanuoor,<br /> Po.Anandashram, Hosdurg Taluk.<br /> <br /> 1. Pudukai Sree Vainingat Iswarante Kshetra<br /> Committee rep.by its Secretary Balachandran } Opposite parties<br /> And Treasuer<br /> C.V.Krishnan.<br /> 2. Balachandran,<br /> 3. C.V.Krishnan, S/o.Koman.<br /> <br /> O R D E R <br /> SRI.K.T.SIDHIQ,PRESIDENT<br /> <br /> P.K.Harindran filed this complaint through his power of attorney holder and wife Soumini against opposite parties for realising the amount he is entitled as per the chitty conducted by opposite parties 1 to 3. Opposite parties are the (1)Pudukkai Sree Vainingat Iswarante Kshethra committee,(2) It’s Secretary Balachandran and (3) Treasurer C.V.Krishnan. Harindran enrolled as a subsriber of a chitty and as per the scheme the matured bid amount to be received back was Rs.2,10,000/- (Rupees two lakh ten thousand only). The date of commencement of chitty started from 20-02-2006 and he paid Rs.10,000/- each and every month without default till 20-02-07. Moreover the opposite parties also collected Rs.20000/- from complainant and deposited it in the Madikai Service Co-operative Bank in the name of opposite parties as per day book No.L.351. As per the term between complainant and the opposite parties the opposite party No.2 & 3 will provide their service to keep the amount and return the same after collecting a commission for their service. But as assured the complainant did not receive his chitty amount and the opposite parties absconded by defrauding their customers. Hence the complaint claiming the paid amount with interest and costs.<br /> 2. Notice to opposite parties were issued by Registered post. Notice to Opposite parties 1 & 3 served. Publication of notice against Opposite party No.2 also turned futile. Opposite parties 1 & 2 were called absent and set exparte. Opposite party No.3 even though appeared through counsel failed to file version and appear before the Forum subsequently.<br /> 3. Power of attorney of the complainant filed affidavit in support of the case and Ext.A1 marked. In the affidavit it is stated that Sri.Harindran enrolled as a subscriber the chitty conducted by Opposite parties 2 and 3. The amounts paid by the complainant to the opposite parties were endorsed in a book bearing No.470 dt.20-02-06. A sum of Rs.1,30,000/- (Rupees one lakh thirty thousand only) was collected from the complainant as subscription up to 20-02-06 and agreed to repay the amount on 15-06-2007. Moreover, the opposite party collected further amount of Rs.20,000/-(Rupees twenty thousand only) from the complainant and deposited it in Madikai Service Co-op Bank Ltd in the name of opposite parties as per day book No. L 351. Thus a total sum of Rs.150000/- is collected from complainant. But thereafter opposite parties 2 & 3 absconded defrauding the subscribers of the chitty. The Opposite parties failed to return the amount collected from the complainant after receiving the commission. Ext. A1 chitty pass book shows that the complainant paid Rs.1,30,000/- to opposite parties. But there is no document to show that Rs.20,000/- is deposited in Madikai Service Co-operative Bank paid by complainant in favour of opposite parties. In the absence of any document to prove that such an amount is deposited, we are unable to accept the said claim for Rs.20,000/-.<br /> 4. From the facts and circumstances narrated above we are of the view that the opposite parties committed deficiency in service in not discharging their liability by paying the chitty amount.<br /> Therefore we allow the complaint and direct the opposite parties to pay a sum of Rs.1,30,000/-(Rupees one lakh thirty thousand only) with 9% interest per annum from the date of complaint and a cost of Rs.2,000/- to the complainant within one month from today the date of receipt of copy of the order.<br /> Sd/- Sd/- Sd/- <br /> MEBER MEMBER PRESIDENT<br /> Exts.<br /> <br /> A1. Pass book issued by opposite parties.<br /> Sd/- Sd/- Sd/- <br /> MEMBER MEMBER PRESIDENT<br /> <br /> Pj/ Forwarded by Order<br /> <br /> SENIOR SUPERINTENDENT <br /> <br />