D.o.F: 25/8/09 D.o.O:05/4/2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.196/09 Dated this, the 05th day of April 2010. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER 1.SreePadarkulangara Bhagavathi Kshethram r/by its Chairman,Ramachandran, S/oRaghavan Achary Karimoola, Kinanoor, Chayyoth,via Nileshwar, Hosdurg ,Kasaragod. : Complainants 2. Chairman, Naveekarana Committee, Karimoola Padarkulangara Bhagavathi Kshethram Naveekarana Committee, r/by its Chairman Ramachandran,S/oRaghavan Achary Karimoola, Kinanoor,Chayyoth Po,via Nileshwar, Hosdurg ,Kasaragod (P.Padmanabhan,Adv,Hosdurg)
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. . (Ops 1to 3 are Exparte) ORDER SRI.K.T.SIDHIQ: PRESIDENT: Precisely stated the complaint is that the complainants joined two chitty conducted by opposite parties 1 to 3. The chitties were started on 14/9/06&1/2/06 . The total chitty amount on maturity to be received was Rs.1,05,000/-each . Complainants remitted monthly instalments of Rs.5,000/-each totaling Rs.95,000/- in both chitties. 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 complainants. Hence the complainants praying for an order of refund of Rs.95,000/- and Rs.25,000/-each 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 represented by counsel but not filed version or documents. 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. The chitty passbooks of complainants were marked as Exts.A1&A2 . From the payment entries made in Exts.A1&A2, it is revealed that the complainants had remitted a total sum of Rs.95,000/- 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 amount of Rs.95,000/- with interest @ 9% per annum to the complainants 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 of copy of order. MEMBER MEMBER PRESIDENT Exts.A1&A2- chitty passbooks | 
