By G. Yadunadhan, President: The case of the complainant is that complainant had joined in a chitty operated by opposite party. Complainant remitted an amount of Rs.7090/- by daily collection. Suddenly the opposite party stopped the daily collection. Nobody approached the complainant for collecting the amount. Therefore, complainant himself approached the opposite party to know the reason for stopping the daily collection. Then only he came to know that the chitty is not functioning. Opposite party agreed to repay the entire amount to the complainant along with interest. But opposite party failed to perform the assurance given to the complainant. Hence the complainant is seeking relief against the opposite party to return the amount of Rs.7090/- along with interest. After serving notice, opposite party called absent and set exparte. Complainant was examined as PW1 and Ext. A1 to A3 were marked. While examining the complainant as PW1, PW1 deposed that he joined in a chitty conducted by the opposite party through daily collection. Complainant had remitted an amount of Rs.7090/- in the chitty. Suddenly the opposite party stopped the daily collection without any information. Hence complainant contacted the opposite party to know the reason for stopping the daily collection and he came to know that the chitty was not functioning. Even though the opposite party agreed to repay the entire amount collected from the complainant, but they failed to perform their assurance. From the documents and from the affidavit, the complainant’s case is proved. Therefore petition is allowed and the opposite party is directed to return the amount of Rs.7090/- collected from the complainant and also to pay a sum of Rs.1000/- as compensation to the complainant. The opposite party is directed to comply the order within 30 days on receipt of the copy of this order. Pronounced in open Court this the 25th day of February 2010. Sd/-President Sd/-Member Sd/-member APPENDIX. Documents exhibited for the complainant: A1 Chitty receipts – 176 Nos. A2 Chitty receipt No.5322. A3 Chitty passbook. Documents exhibited for the opposite party: Nil. Witness examined for the complainant: PW1 Rajan. T.P., S/o. Chathu, Thevarkandy House, Thodannur Post, Vatakara. Witness examined for the Opposite party: None. -/True copy/- Sd/-President (Forwarded/by Order) Senior Superintendent.
| | Jayasree Kallat, MA.,, Member | G Yadunadhan, BA.,LLB.,, PRESIDENT | L Jyothikumar, LLB.,, Member | | 
