The averments in the complaint are as follows:

            The complainant was a subscriber of a chitty conducted by the 1^st respondent and the said chitty commenced on 20/1/98 and the total sala was Rs.50,000/-. The monthly instalment was Rs.1000/-. The other respondents are the partners. The complainant had remitted the instalment amount daily as per SA/41 Account and the monthly entry of the total amount was entered in Exhibit P1. The complainant had remitted 44 instalments and also Rs.550/- towards the 45^th instalment vide Exhibit P2 pass book. The balance amount   was not in a position to remit because of closing of the institution. So the complainant had requested the repayment of the remitted amount but it was not returned. So he was caused to issue a Lawyer notice and it was replied by 2^nd respondent only. There is no repayment of the amount so far. Hence this complaint.

 

            2. The 2^nd and 3^rd respondents filed counter to the effect that they have no connection with the 1^st respondent finance and no transactions between the complainant and these respondents.

 

            3. Other respondents declared exparte.

 

            4, The points for consideration are :

1)Is there any deficiency in service ?

2)If so reliefs and costs ?

 

            5. The evidence consists of Exhibits P1 to P5 series. No other evidence.

            6. Points : The case of the complainant in brief is that he was a chitty subscriber of the 1^st respondent’s Institution and remitted 44 instalments of the kuri and was unable to continue the payment due to the closing of the firm.   He has produced Exhibits P1 and P2 pass books to show the remittance. Exhibit P1 shows the remittance of 44 instalments and the monthly instalment was Rs.1000/-. According to the complainant he had also paid Rs.550/- towards the 45^th instalment by Exhibit P2. It is true that as per Exhibit P2 he had remitted that amount. According to him the balance amount was not remitted because of the nonfunctioning of the firm. So he is demanding the remitted amount through this complaint.

 

            7. The 2^nd and 3^rd respondents have filed counter totally denying the case of complainant. According to them they have no connection with the Saradhi Corporation and not liable for any loss if suffered by the complainant. This view is not sustainable and all the respondents are liable to return the amount stated in Exhibits P1 and P2 Pass books.

 

            8. In the result complaint is allowed and the respondents are directed to pay Rs.44,550/- (Rupees Forty four thousand five hundred and fifty only) to the complainant with interest at the rate of 12% per annum from 14/9/01 till realization. Respondents are further directed to pay Rs.1000/- (Rupees One thousand only) towards costs. Comply the order within two months.

 

 

 

            Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 13^th day of March 2009.