O R D E R R.Vijayakumar, Member. The complaint is filed for refund of Rs.7100 excess commission Rs.450, compensation Rs.10,000 and cost Rs.2000. (2) The averments in the complaint can be briefly summarized as follows. The complainant, was a member of OP Bank and was a subscriber of two Chitty for Rs.50,000/- each conducted by the opposite parties. The term of chitty was 50 months. The complainant remitted Rs.1000/- each as the first installment and there after Rs.750/-. The complainant remitted subscription up to 19th installment promptly. The complainant declared as the price winner by the 19th auction. Even though sufficient sureties were furnished by the complainant and one of the Board Members certified that the ‘Security is sufficient’ the opposite parties denied the loan amount to the complainant. The complainant stopped payment of subsequent instalments. (3) After the expiry of term of chitty complainant approached the opposite parties for refund of the amount Rs.29,000/-, due to him. The opposite parties paid only Rs.20,000 to the complainant after deducting Rs.1900/- towards commission and Rs.7100 as miscellaneous charges. As per terms of chitty the opposite parties have right to deduct 5% commission which amounts only Rs.1450/-. In fact the bonus amount was not added to the due amount. The complainant on several occasions requested the opposite parties to refund Rs.450/- which was collected as excess commission and Rs.7100 which was illegally collected as bonus. But the opposite parties rejected the request. On 20/02/08 the complainant sent a legal notice to the first opposite party demanding the refund of the said amounts along with interest at the rate of 12%. The first opposite party replied alleging false contentions. Hence the complainant filed the complaint seeking relief. (4) The opposite parties filed version raising contentions that the scheme joined by the complainant was not a chitty but it was a group deposit and credit scheme. Each and every month the opposite party will grant loan from the scheme to one of the members of the scheme provided to a maximum deduction of 30% which including 5% commission of the bank and 25% bonus commission to be given by the member who is availing the loan. Such deduction shall be distributed equally among the members joined in this scheme including members who had taken the loan. These members who committed default in three consecutive months shall not be eligible to continue in the scheme or entitled to get bonus. They are eligible to get only the amount actually paid by them in the scheme deducting the Bank commission and bonus commission, when the period of scheme elapsed. As the complainant had defaulted in payment after the payment of 19th subscription, he is entitled to get the actual amount he had remitted deducting 5% commission of bank and bonus commission Rs.25%. Even though the chitty lotted to the complainant, he failed to arrange sufficient sureties for getting the loan amount. Then the (5) bank had to give bonus commission to the remaining members of the scheme that is why opposite parties had deducted the amount Rs.9000/- from the amount he had paid in installments. There is no deficiency in service from the part of opposite parties. Hence the complaint is liable to be dismissed. The complainant filed affidavit. Exhibits P1 to P4 marked. No evidence adduced by the opposite parties. The matter was heard. The points that would arise for consideration are: 1. Whether there is any deficiency in service from the part of opposite party. 2. Compensation and cost. Points (1) and (2) Even though contentions raised in the version, the opposite parties failed to adduce oral or documentary evidence to prove their contentions. (6) On perusal of the entire documents and evidence adduced by the complainant and on hearing the arguments of the learned counsel for the complainant we came to the conclusion that there is deficiency in service from the part of opposite party. The points found accordingly. In the result, the complaint is allowed directing the opposite parties to refund Rs.7550/- to the complainant. The opposite parties are further directed to pay compensation Rs.1000/- and cost Rs.1000/-. The order is to be complied with within one month of the date of receipt of the order. Dated this the 30th day of July 2010. K.Vijayakumaran :Sd/- Adv.Ravi Susha :Sd/- R.Vijayakumar :Sd/- // Forwarded by Order // Senior Superintendent Date of Filing: 02.09.08. Date or Order: 30.07.2010 (7) INDEX List of witness for complainant PW1 - N.Thankappan Pillai List of documents for complainant P1 - Chitty pass book P2 -Receipt No.5818 dtd: 25.08.07. P3 - Advocate notice 20.02.08. P4 - Application Form and certificate | 
