ADV.RAVI SUSHA, MEMBER. This is a complaint for getting balance amount of Rs.4,26,625/- and other reliefs The averments in the complaint can be briefly summarized as follows: The complainant was a subscriber to the 1st and 2nd opp.party. The complainant subscribed to five nos. of chitties of Rs.25,000/-. The last instalment was remitted on 20.8.2004. When the complainant demanded the amount, the General Manager said since the chitty fund was in financial crisis he requires one year time to repay the amount and he agreed to pay the full amount with 18% interest on 20.8.2005. The complainant also had a deposit with the opp.party dated 2.12.2003 A/c.No.Q/214/2003 of Rs. Two Lakh only for a period of 3 years with the opp.party. The interest in the deposit was defaulted from 1.3.2006. The deposit was due on 1.12.2006. The opp.party also failed to refund the deposit amount inspikte of many reminders. On 23.3.07 the opp.party executed an agreement to refund the amount of both the chitty account and Deposit on or before 23.9.07 or he will transfer the Four fixed deposits in his name in the evening branch of Ernakulam District Co-op. Bank, Ernakulam along with its interest to the complainant. The nos. of his Fixed Deposits with Ernakulam District Co-operative Bank are 1. A/c. No.345/2595 dated 28.11.1990 [2] A/c.No.345/2598 dated 22.6.1990 [3] Ac/c.No.345/2602 dated 9.12.1990 and [4] A/c.No.345/2603 dated 9.12.1990 For last so many months the complainant demanded the money or transfer the said four fixed deposits to complainant’s name, but the opp.party was telling lame excuses. The 2nd opp.party has paid a total of Rs.75,000/- in many instalment till date. Once he said the fixed deposit receipts was lost. The complainant contacted the 3rd opp.party and found that the four fixed deposits were not withdrawn. Even though the complainant demanded to transfer the said four fixed deposits to his name the 3rd opp.party refused to do so. Hence the complaint. The 1st and 2nd opp.party filed a joint version contending that, the complainant was a subscriber of seven number of chitties. Two chitties amount has been paid early. Only five chit amount is due to the complainant. He has also availed two loans. The complainant has a deposits of two lakhs vide No.Q/214/2003. The interest of the deposit was paid till 1.10.2006. On 23.3.3007 an agreement was executed to repay the amount or transfer the four fixed deposits in the 3rd opp.party bank. The complainant also agreed to write off some interest in this case. There is no deficiency in service on the part of the 1st and 2nd opp.party. Hence the opp.parties prays to dismiss the complaint. The 3rd opp.party filed a separate version contending, interalia, that the complaint is not maintainable either in law or on facts. There is no probity of contract between the complainant and the 3rd opp.party. The complainant is not a consumer so far as the 3rd opp.party is concerned and there is no deficiency of service on the part of the 3rd opp.party towards the complainant The averments in para 3 of the complaint are not fully correct. The fixed deposits with 3rd opp.party bank are deposits kept as security for Chitties conducted by the South Indian Chit Fund and said security has been intimated to the Chitty Registrar, Ernakulam. Therefore the said security is liable to be disbursed as per the sanction of the Chitty Registrar. The security deposits are kept for the security of all creditors which is to be met as per the directions of the Chitty Registrar then and there. The last so many months the complainant demanded the money or transfer the said 4 deposits to complainant’s name, but the opp.party was telling lame excuses. This opp.party already disclosed the real fact that without any direction from the Registrar of Chitties, this opp.party is unable to pay the amount to the complainant. There is no deficiency in service on the part of the 3rd opp.party. Hence the 3rd opp.party prays to dismiss the complaint. Points that would arise for consideration: 1. Whether there is deficiency in service on the part of the opp.parties 2. Reliefs and costs. For the complainant PW.1 is Examined. Ext. P1 is marked. No oral or documentary evidence by the opp.parties POINTS; Here there is no dispute that the complainant is a subscriber of five number chitties amounting to Rs.1,25,000/- with opp.parties 1 and 2 are also have a Fixed Deposit No.E/214/2003 dated 2.12.2003 of Rs. 2,00,000/- and that was matured. Ext.P1 shows that the chitty amount and FD amount has not been paid to the complainant and the opp.party 2 agreed to pay the entire amount with interest to the complainant on or before 23.9.07 failing which the opp.party 2 agreed to transfer his four Fixed deposits in the opp.party 3 along with the interest of these fixed deposits to the complainant. Here the complainant has no direct or indirect relationship with the 3rd opp.party. As far as opp.party 3 is concerned complainant is not a consumer Opp.party 1 and 2 filed version admitted to give the entire amount to the complainant. The non payment of chitty amount and FD amount on maturity, amount to deficiency in service on the part of opp.parties 1 and 2. In the result, the complaint is allowed. Opp.parties 1 and 2 are directed to pay Rs.1,25,000/- with 18% interest from 28.8.2004 till payment. Rs.75,000/- has to be reduced from the said amount and also directed to pay Rs.2,00,000/- with 18% interest from 28.8.2004 till payment or for getting Rs.2,00,000/- with interest the 2nd opp.party shall transfer His four fixed deposits in the 3rd opp.party 1. No. FD A/c.345/2595 dated 28.11.1990 2. FD A/c. No.345/2598 dated 22.6.1990 3. FD A/c.No.345/2602 dated 9.12.1990 4. FD A/c.No.345/2603 dated 9.12.1990 to the complainant with its interest 18% from the matured date till payment. The order is to be complied with within one month from the date of receipt of the order. Dated this the 30th day of November, 20098. . List of witnesses for the complainant PW.1. – Krishnan kutty List of documents for the complainant P1. – Power of Attorney | 
