Date of Filing:14.03.2008<br /> Date of Order:31.07.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 31ST DAY OF JULY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 709 OF 2008<br /> <br /> Sethumadhavan P.<br /> No. 55, 9th ‘A’ Cross, Gokula I Stage<br /> I Phase, Bangalore 560 054 Complainant<br /> <br /> V/S<br /> The Branch Manager<br /> M/s. Win Castle Chits Pvt. Ltd.<br /> Meghdoot, Meghdooth Complex<br /> 3rd floor, S C Road, Gandhi Nagar<br /> Bangalore 560 009 Opposite Party<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> <br /> The facts of the case are that the complainant joined opposite party Chits Pvt. Ltd. on 31.03.2006 for an amount of Rs. 10,000/-. He paid Rs. 1,680/- and the complainant had also joined under chit No. WCAB on 31.05.2006 for a amount of Rs. 50,000/- and paid Rs. 4,000/-. The opposite party guaranteed 30% dividend for 15 months and 25% after 15 months and return of chit amount after 10 months. The company failed to collect installment every month as committed. Totally complainant has paid Rs. 5,680/-. Since, company removed the chits without any notice, Branch Manager agreed to return the amount immediately. Therefore, the complainant prayed that opposite party be directed to pay amount.<br /> 2. Notice issued to opposite party. Notice was served. The opposite party not appeared before the court inspite of service of notice. Defence version not filed. The complainant was heard in person. <br /> REASONS<br /> 3. I have gone through the complaint and documents. The complainant has produced account to show that he has deposited Rs. 1,680/- and also Rs. 4,000/- in the opposite party Chits Pvt. Ltd. Before filing the complaint the complainant had made correspondence with the opposite party and asked for the refund of the amount since the amount was not returned. Therefore, complainant filed the present complaint. The case made out by the complainant gone unchallenged. There is no defence version. It appears that opposite party has no defence to make. That is why version is not filed. By the documents it is clear that complainant has paid Rs. 1,680/- and Rs. 4,000/- and totally he has requested for refund of Rs. 5,680/- with 24% interest for the said amount. The complaint deserves to be allowed. It is just, fair and proper to direct the opposite party to refund Rs. 5,680/- with 24% interest p.a. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 4. The Complaint is allowed. The opposite party is directed to refund Rs. 5,680/- to the complainant with 24% interest p.a. on that amount from the date of respective deposits till the date of payment / realisation. The complainant is also entitled for Rs. 2,000/- towards costs of the present proceedings.<br /> 5. Send the copy of this Order to both the parties free of costs immediately. <br /> 6. Pronounced in the Open Forum on this 31ST DAY OF JULY 2008. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br />