D.o.F: 5/12/08

D.o.O:19/05/2009

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC.235/08

                        Dated this, the 19th     day of May 2009.

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SYAMALADEVI                         : MEMBER

B.Gangadevi,

W/o Radhakrishnan.K.P,                             : Complainant

Near K.C.Stores, North Kottacherry,

Po.Kanhangad.

(Adv.P.Padmanabhan,Kanhangad)

1. V.Balachandran,. S/o Krishnan,

    R/at Vainingat ,  Puthukai .Po,

     Hosdurg ,Kasaragod

2 C.V.Krishnan, S/o Koman,                                               :Opposite parties

   R/at Vainingat ,  Puthukai .Po,

    Hosdurg ,Kasaragod

3. President,Pudukkai Vainingattu Sree Vairajathan

 Eashwarante   Kshethram Committee  having its

 office at  Vainingattu, Po.Uppilikkai, PuthukaiHosdurg   : 

  (E.Sukumaran, Hosdurg,Adv. for OP.NO.2 )

                                                                  ORDER

SRI.K.T.SIDHIQ: PRESIDENT:

          The case of the  complainant B.Gangadevi   can be summarized  as

 follows:

        She joined in 2 different chitties run by opposite parties.  The first chitty started on 22/05/2005, the total prize money of the chitty was Rs.50,000/-.  The monthly subscription payable was Rs.1000/-.  The complainant has paid 22 monthly installments of Rs.22000/- in the said chitty.  The second chitty was began  on  8/07/2005 and the total prize money as per this chitty was Rs.1,00,000/-.  The monthly subscription payable was Rs.2000/-.  The complainant had paid 20 monthly installments of  Rs.40,000/- in the said chitty.   But   the opposite parties absconded closing the chitty offices and appropriating  the chitty amounts of various chittalans.  Hence the complainant claiming refund of the total chitty installments  of Rs.62,000/- , and Rs.5000/-  towards  costs, mental agony and sufferings .

2.   Notice to opposite parties were sent by registered post.  Eventhough notice to opposite party No.2 was served, he remained absent.  Notice to opposite parties 1&3 were returned with endorsement left.  Hence publication of notice by substituted service was ordered and notice against opposite parties 1&3 were published in a local daily having circulation in the vicinity of opposite parties 1&3.  But even after publication of notice, opposite parties 1&3 remained absent and hence all the opposite parties were set expatre.

3.    Complainant filed affidavit in support of her claim reiterating that is stated in the complaint.  Exts A1 & A2, the chitty passbooks were marked.  Heard the counsel for the complainant.  Claim of the complainant proved.

4.    The non completion of chitty installments  and  the appropriation of chitty amounts  are deficiency in service on the part  of opposite parties.  Hence they are  liable to compensate the complainant under Consumer Protection Act for the loss sustained to her.

5.     The total amount paid by the complainant in  the 2 chitties  would figure  to Rs.62,000/-.  Definitely  the complainant is entitled to get back the said amount.

       Therefore, the complaint is allowed and the opposite parties are directed to refund the total sum of Rs.62,000/- with interest @9% per annum to the complainant from the date of complaint till payment being the chitty installments she paid in the 2 chitties along with a cost of Rs.2500/-.  Time for compliance is 30 days from the date of receipt of copy of order

MEMBER                             MEMBER                           PRESIDENT

Exts.A1&A2-chitty passbooks

eva/

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