D.o.F:16/10/2009

D.o.O:07/5/2009

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC.204/08

                        Dated this, the 07^th   day of May 2009.

PRESENT:

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SYAMALADEVI                         : MEMBER

P.Ramdas,

C/o V.V.Malathil,                                                              : Complainant

R Nilayam, S.C.B.B.Road,

North Beach,Kasaragod

(Adv.Madhusoodhan,Kasaragod)

1.Pudukkai Vainingattu Sree Vairajathan

 Eashwarante   Kshethram Committee  having its

 office at  Vainingattu, Po.Uppilikkai, PuthukaiHosdurg   

2 C.V.Krishnan, S/o Koman, Treasurer,  

 R/at Vainingat, Puthukai.Po,    Kasaragod.                         :  Opposite parties   

 (E.Sukumaran, Hosdurg,Adv. for OP.NO.2 )                                                                  

3. V.Balachandran,.  S/o Krishnan,

  Haripuram, Pullur Po, Hosdurg,Kasaragod.                    

                                                                  ORDER

SRI.K.T.SIDHIQ: PRESIDENT:

      The grievance of the complainant in brief is that the opposite parties 1 to 3 appropriated his chitty instalments paid in the chitty conducted by opposite  parties.  According to him he joined in the chitty on 20/04/06.  The total chitty amount on maturity was Rs.2,10,000/-.  Complainant remitted 11 monthly instalments of Rs.10,000/- totaling Rs.1,10,000/- till 2/2/07.  Before completing the chitty Opposite parties  1 to 3 absconded  closing the chitty offices and appropriating crores of rupees paid by   hundreds of chittalans including the complainant.  Hence the complaint  praying for an order of refund of Rs.2,10,000/- and  a further sum of Rs.5,000/- towards the mental agony suffered by the complainant with costs.

2.     Notice to all opposite parties  were issued.  Notice to Opposite parties 1&3 returned as unserved for the reason ‘left’.  Hence publication of notice against opposite parties  1&3 was ordered and even after publication of notice opposite parties 1&3 remained absent.  Hence they were set exparte.   Eventhough  2^nd  opposite  party appeared and sought time for version repeadedly, but it was not filed.  Hence case posted for the evidence of the complainant.  The complainant filed affidavit and  Ext.A1 marked.  Opposite party  No.2 filed IA.55/09 to receive the version after condoning the  delay.  The IA.55/09 was allowed  on condition to pay cost of Rs.250/- to the complainant.  The said cost was not paid and hence the  version is not considered for the disposal of this case.

 3.     Complainant filed affidavit in support of his claim reiterating what is stated in the complaint.  The passbook issued bearing the seal of opposite parties committee is produced and marked as Ext.A1.  Opposite party No.2 filed counter affidavit and no documents produced .  Both sides heard and the documents produced.

4.     As against the allegations made by the complainant the opposite party No.2 has not produced any documents to substantiate his contentions.

5.     Ext.A1 produced by the complainant is apparently a  chitty passbook.  If it is a concocted one for  the purpose  of filing the complaint and  extort money from the opposite parties as alleged by the 2^nd opposite party, then of course opposite parties should have resorted appropriate legal proceedings against complainant for creating such false document.  But no such  proceedings are seen initiated by opposite parties.

6.    The registered bye law of the opposite parties society, the details of SB accounts opened in the Financial Institutions, the details of payment made as income tax etc are not produced to prove the veracity of the contention of the 2^nd opposite party.  In the absence of such documents  it can safely conclude that Ext.A1 is a chitty passbook  issued by opposite parties to the complainant as part of their chitty transactions.

7.  The non  completion of chitty and the appropriation of chitty instalments are  deficiency in services on the part of opposite parties.  It became more grave when  the chitty run by the opposite parties do not have the required license from the authorities to conduct the same.  This is nothing but  an unscrupulous  exploitation  of consumers.

         Therefore the complaint is allowed and the opposite parties 1 to 3 are jointly and severally directed to refund Rs.1,10,000/- with interest @9% per annum from the  date of complaint till payment along with a cost of Rs.3500/-.  Time for compliance is limited to 30 days from the date of receipt of copy of order.

MEMBER                       MEMBER                               PRESIDENT

Ext.A1- chitty passbook

eva/