D.o.F: 12/5/09 D.o.O:8/9/09 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.120/09 Dated this, the 8th day of September 2009. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER V.P.Thambai, Palakkattu, Valiyapurayil, Pattena Road, Nileshwaram, : Complainant (in person) 1 President,Pudukkai Vainingattu Sree Vairajathan Eashwaran Kshethra committee, Puthukai : Vainingattu, Po.Uppilikkai,Hosdurg 2. C.V.Krishnan, S/o Koman, Treasurer, : Opposite parties Pudukkai Vainingattu Sree Vairajathan Eashwaran Kshethra committee, Puthuka, Po.Uppilikkai 3. V.Balachandran, S/o Krishnan, Secretary, Pudukkai Vainingattu Sree Vairajathan Eashwarante Kshethra committee, Puthukai Po Uppilikkai, Kasaragod. . (Exparte) ORDER SRI.K.T.SIDHIQ: PRESIDENT: The case of the complainant V.P.Thambai can be summarized as follows: She joined in 3 different chitties run by opposite parties. The first chitty started on 8/01/2005, the total prize money of the chitty was Rs.1,00,000/-. The complainant has paid 26 monthly installments of 2000/- totaling Rs.52,000/- in the said chitty. The second chitty was began on 11/07/2006 the total prize money as per this chitty was Rs.2,10,000/- . She remitted 8 monthly instalments of Rs.10,000/- totaling Rs.80.000/- and the 3rd chitty was stared on 23/5/05 Complainant remitted 22 monthly instalments of Rs.3,000/- totaling Rs.66,000/-. Before completing the chitty Opposite parties 2&3 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.,198,000/- and Rs.5,000/- as cost. 2. Notices were issued to all opposite parties by registered post with acknowledgment due. But notice to opposite parties NO.1 and 3 were returned undelivered with endorsement left. Even though opposite party No. 2 was served notice but not turned up. Name of Opposite party NO.2 called absent and set exparte. 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 and chitty passbooks marked as Exts.A1 to A3. From the payment entries made in Exts.A1 to A3 it is revealed that the complainant has remitted a total sum of Rs.1,98,000/- in the chitties. 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 amounts of Rs.1,98,000/- 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 Sd/ Sd/ Sd/ MEMBER MEMBER PRESIDENT Exts.A1 to A3-chitty passbooks eva/ /Forwarded by Order/ SENIOR SUPERINTENDENT
......................K.T.Sidhiq ......................P.P.Shymaladevi ......................P.Ramadevi | |