D.o.F: 18/03/2010 D.o.O:30/10/2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.61/10 Dated this, the 30th day of October 2010. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER Dineshan S/o A.Kelu, R/at Po.Madikkai, Keekamkot : Complainant Nileshwar via,Kasaragod. (Adv. P.Padmanabhan,Hosdurg) 1 President,Pudukkai Vainingattu Sree Vairajathan Eashwaran Kshethra committee, Puthukai : Vaininghat, Po.Uppilikkai,Hosdurg 2. C.V.Krishnan, S/o Koman Treasurer, : Opposite parties 3. V. Balachandran, S/o Krishnan,Secretary, all are R/at Vaininghat, Po.Uppilikkai,Hosdurg (Ops 1 to 3 are Exparte) ORDER SRI.K.T.SIDHIQ: PRESIDENT: Complaint is admitted on the file after condoning delay as per order in IA.61/10. Precisely stated, the complaint is that the complainant joined a chitty conducted by opposite parties 1 to 3. The chitty was started on 16/05/05. The total chitty amount on maturity to be received was ` 1,00,000/-. Complainant remitted 21 monthly instalment of ` 2,000/- each totaling ` 42,000/- in the chitty . Before completing the chitty Opposite parties 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 ` 42,000/- and ` 10,000/- as cost. 2. Notices were issued to all opposite parties by registered post with acknowledgment due. As against opposite parties 1 to 3 notice through publication was made. Even after publication of notice opposite parties Nos.1 to 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. The chitty passbook of complainant is marked as Ext.A1 . From the payment entries made in the passbook, it is revealed that the complainant has remitted a total sum of ` 42,000/- 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 ` 42,000/- with interest @ 9% per annum to the complainant from the date of complaint till payment along with a cost of ` 3000/-. Time for compliance is 30 days from the date of receipt of copy of order. Ext.A1- chitty passbook MEMBER PRESIDENT eva/ | 
