O R D E R A. Rajesh, President. The necessary facts giving rise to this complaint are as follows: The opposite party was conducting chitty as Forman by name and style Sree Chaithanya. On 22-04-2006 the complainant joined as a subscriber to the chitty. The principal amount was Rs. 24,000/-. As per the terms and conditions of the chitty the complainant was to pay Rs. 1,200/- by way of contribution for 20 months. According to the complainant he has promptly remitted Rs. 14,400/- as 12 instalments with the opposite party. On 22-04-07 the complainant approached the opposite partys office for remitting the 13th instalment. Surprisingly it was found that the office of the opposite party was closed. On enquiry it was found that the office is closed for ever. Hence the complainant approached this Forum seeking direction to opposite party to reimburse Rs. 14,400/- and to pay litigation cost. 2. Despite service of notice from the Forum, opposite party remained absent during the proceedings Complainant was examined as PW1, Ext. A1 was marked from his side. After closing the evidence the complainant was heard. 3. Points for determination are i. Whether the complainant is entitled for refund of Rs.14,400/- or not? ii. Cost if any. 4. Point No. I . The complainant has deposed before the Forum in line with the averments in the complaint. His testimony remained unchallenged and there is no reason to disbelieve his evidence. Ext. A1 the pass book issued by the opposite party to the complainant shows that the following amount has been remitted by the complainant to the opposite party. Statements of accounts Installment Date Amount Rs. 1 7-4-06 1,200 2 13-5-06 1,200 3 24-6-06 920 4 25-7-06 1208 5 18-8-06 920 6 21-9-06 1,200 7 22-10-06 912 8 24-11-06 1,200 9 22-12-06 920 10 23-1-07 1,200 11 22-2-07 920 12 23-3-07 1,200 Total 13,000 Therefore it is evident that an amount of Rs. 13,000/- was remitted by the complainant in the opposite partys office . He has ready and willing to remit the 13th installment. But the opposite partys office remained closed. The opposite party failed to provide adequate service to the complainant Chit fund cases fail very much within the ambit of Jurisdiction of the Consumer Forum as the business of chitty falls within the definition of service as defined in S. 2(1)(0) of C.P. Act. This was held by the Honourable National Commission ( 1986-2005 Consumer 8528(NS) in Kovilakam Chits and Financial Service Ltd Vs. K.L. Benny. Accordingly the opposite party is bound to reimburse the total amount received from the complainant with interest. We are of the considered view that the complainant is entitled to refund Rs. 13,000/- from the opposite party with interest. 5. Point No. ii. From the available evidence it can be seen that the opposite party herself has abundoned the chitty business to the detriment of the complainant and he was compelled to approach this forum to get his grievance redressed. Hence he is entitled for litigation cost also. 6. In the result, The complaint is allowed we pass the following order. i. The opposite party shall pay Rs. 13,000/- with 12% interest per annum. to the complainant from the date of complaint till realization. ii. The opposite party shall pay Rs. 1,000/- to the complainant as litigation cost. The above order shall be complied within a period of one month from the date of receipt of copy of the order. Pronounced in the open Forum on this the 30th of July 2008.
