D.o.F:21/10/08 D.o.O:25/02/09 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.212/08 Dated this, the 25th day of February 2009 PRESENT: SMT.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER M.Karunakaran. Mungath House, Neelayi, : Complainant Puthariyadukam.Po, Nileshwar .Via, Kasaragod. 1. Pudukkai Vainingattu Sree - Vairajathan Eashwarante Kshethram Committee Office at Vainingattu, Pudukkai, Po.Uppilikkai,Hosdurg 2. C.V.Krishnan, S/o.Koman, treasurer, : Opposite parties R/at Vainingat, Uppilikkai.Po, Nileshwar.. (Now in Sub –jail, Hosdurg) 3. V.Balachandran, S/o.Krishnan, Haripuram, Pullur.Po, Hosdurg Taluk. : ORDER SRI.K.T.SIDHIQ: PRESIDENT: Shorn off all other averments and allegations the case of the complainant Karunakaran is that he joined in the chitty conducted by opposite parties and after completion of the payment of the chitty instalments he demanded the chitty amount. But they delayed the payment and issued a cheque dtd.4/12/06 for Rs.99000/- drawn on North Malabar Gramin Bank. But the cheque was dishonored for want of funds in the account maintained by the opposite parties. Alleging deficiency in service on the side of opposite parties the instant complaint is filed claiming the chitty amount of Rs.99,000/- with compensation and costs. 2. Notices were issued to opposite parties by registered post, the notice to opposite parties NO.1 and 3 returned unserved. Though notice received by opposite party No.2 C.V.Krishnan, he remained absent. Thereafter the notices against opposite parties Nos.1&3 were published in a local daily that is having circulation in the locality. Even after publication of notice opposite parties Nos.1&3 did not appear before the Forum. Hence all the opposite parties were set exparte. 3. Complainant filed affidavit in support of his claim. Exts.A1&A2 marked complainant heard. 4. Ext.A1 is a cheque dtd.4/12/06 for Rs.99000/- drawn on North Malabar Gramin Bank Nileshwar branch. Ext.A1 is seen signed by opposite parties Nos 2&3 jointly for and on behalf of opposite party No.1 the Puthukai vainigat Sree Vairajathan Easwaran Kshethra Committee. Ext.A2 is the cheque return memo issued from the same bank in that the cheque is drawn. Ext.A2 shows that the cheque presented by the complainant M.Karunakan is returned for want of funds in the account maintained by opposite parties. The issuance of cheque towards the payment of chitty amount to a bank account where there is no amount to discharge the chitty amount is equal to the non payment of chitty amount to a subscriber whose chitty has attained maturity. It is an unscrupulous exploitation of a consumer and that amounts to deficiency in service on the part of opposite parties. The complainant is therefore entitled to get the amount with compensation and cost. The complaint is therefore allowed and the opposite parties Nos 1 to 3 are jointly and severally directed to pay a sum of Rs.99,000/-(Rupees ninety nine thousand only) to the complainant. Opposite parties further directed to pay interest @9% from the date of complaint till payment to the complainant by way of compensation. Opposite parties are also liable to pay Rs.2500/- towards the cost of these proceedings. Time for compliance 30 days from the date of receipt of copy of order. Sd/ Sd/ Sd/MEMBER MEMBER PRESIDENT Exts.A1- chitty pass book A2-cheque return memo /Forwarded by Order/eva/ Senior Superintendent
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
