D.o.F:23/2/2010

D.o.O:30/6/2011

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                             CC.NO.43/11

                     Dated this, the 30th   day of June 2011

PRESENT:

SRI.K.T.SIDHIQ                                    : PRESIDENT

SMT.P.RAMADEVI                              : MEMBER

SMT.BEENA.K.G                                 : MEMBER

Hussain.K.A, S/o A.Kathim,

Bharath Rice Mill, Nullipady,                                                 : Complainant

Po.Kasaragod

(in person)

The Kerala Chitty Fund, represented by its

Manager, Mr.Sukumaran.M.K, Kasaragod Branch,           : Opposite party

Ist floor, A.B.Tower, NH.17, Karandakad,

Po.Kasaragod.(Exparte)

(Adv.M.M.Nambiar,Kasaragod)

                                                                   ORDER

SMT.P.RAMADEVI      : MEMBER

      The facts of the complaint in brief are as follows:

  That the complainant is a  subscriber of chitty conducted by the opposite party , the Kerala Chitty Fund and the sala of the chitty is ` 1,00,000/- and the monthly  subscription is `3000/-.  The complainant paid the full subscription of the chitty and the chitty ended on 9/10/2010.  But the complainant has not received the amount from the opposite party irrespective of repeated demands.  The complainant further submits that he had paid `74,000/- and according  to him ` 74,000 with interest   till this day is to be given to him.  But opposite party is not willing to disburse this amount.  Hence the complaint  alleging deficiency in service against opposite party. 

    After admitting the complaint in file this  Forum issued proper notice to the opposite party.  For opposite party  Sri.M.M.Nambiar filed vakalath.  But no version is filed.  When the case is posted for version  neither the opposite party nor the counsel present . On relying on the evidence of the complainant the forum  decided the case on merits.

3.     Complainant examined as PW1 and Exts.A1 &A2 documents marked.

4.     As per Ext.A1 passbook the details of the chitty and the payment made by the complainant is shown.  On one page of Ext.A1 some calculations are made regarding the prized amount.  The prized amount is shown as ` 92,000/- and  two deductions of 8000/- each  and the balance amount is shown  as`74,000.  In the complaint,  it is stated that he is entitled to get ` 74000/- plus interest.  On perusal of  document  it is clear that the complainant is remitted to ` 74000/-.  Eventhough the chitty sala  is `1,00,000/- .  Here there is no contra evidence is adduced by the opposite party.    Hence we are of the opinion that there is deficiency in service on the side of the opposite party  that the opposite party is failed to pay the chitty amount to its subscriber, the complainant.

   Therefore the complaint is allowed and the opposite party is directed to pay ` 74000/- (Rupees seventy four only)with interest @9% per annum from /8/09 ie the date when the last payment is made by the complainant  till the date of payment and also directed to pay ` 2000/- (Rupees two thousand only) as cost of the proceedings.  Time for compliance is 30 days from the date of  receipt of copy of the order.  Failing which the complainant is entitled to get the interest @12%  instead of 9% per annum.

Exts;

A1- copy of passbook

A2- variyola

PW1- Hussain.K -complainant                                                            

Sd/                                                                          Sd/                                                    Sd/

MEMBER                                                                        MEMBER                                               PRESIDENT

eva                                                                                           /Forwarded by Order/

                                                                                      SENIOR SUPERINTENDENT