Date of filing : 19-11-2008 Date of order : 30-01-2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.253/08 Dated this, the 30th day of January 2009. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER K.K.Balakrishnan, S/o.K.K.Koran, Residing near Police Station, } Complainant Po.Nileshwar, Hosdurg Taluk, Kasaragod.Dt. (Adv.S.Muralikrishna, Hosdurg) 1. Pudukai Vainingat Sree Vairajathan Easwaran Kshethra Committee Rep.by its } Opposite parties President office at Vainingat, Po.Uppilikkai, Pudukkai Village, Hosdurg Taluk, Kasaragod.Dt. 2. V. Balachandran, Secretary, Pudukai Vainingat Sree Vairajathan Easwaran Kshethra Committee, R/at Vainingat, Po.Uppilikkai, Hosdurg Taluk, Kasaragod.Dt. 3. C.V.Krishnan, S/o. Koman, Treasurer, Pudukai Vainingat Sree Vairajathan Easwaran Kshethra Committee R/at Pudukkai, Po.Uppilikai, Hosdurg Taluk. Kasaragod.Dt. (Now in Sub-Jail, Hosdurg, Po.Kanhangad) (Exparte) O R D E R SRI.KT.SIDHIQ, PRESIDENT The crux of the case of the complainant is that he had joined in two chitties run by opposite parties. The total prize money of one chitty was Rs.2,10,000/- and the other chitty was Rs.1,05,000/-. Complainant has to remit Rs.10,000/- and Rs.5,000/- respectively to the said chitties. He joined in the said chitties on 20-10-06 and 14-11-06 respectively. Complainant had remitted 5 instalments of Rs.10,000/- in chittyNo.13© of which the total bid amount was Rs.2,10,000/- and remitted 4 monthly instalments of Rs.5000/- in chitty No.13(T). Thus he had remitted a total amount of Rs.70,000/-in both chitties. After the payment of instalments on 14-02-07 and 20-02-07,in March 2007 complainant came to know that opposite parties left the place with huge amount collected from chitty subscribers. Hence alleging deficiency in service on the part of opposite parties this complaint is filed. 2. Notice issued to opposite parties by registered post. Notice to opposite parties 1 & 2 returned unserved as left. Hence notice by substituted service through publication in local daily was ordered. Even after publication of notice against opposite parties 1 & 2 remained absent. Though notice to opposite party No.3 was served, opposite party No.3 also not defend the claim of the complainant. Hence opposite parties were set exparte. 3. Complainant filed affidavit reiterating what is stated in the complaint. His chitty pass books were marked as Exts. A1 & A2. 4. From the entries on Exts A1 & A2 it is revealed that the complainant has remitted Rs. 50,000/- in chitty No.13© and Rs.20,000/- in chitty No.13(T). Thus he remitted Rs.70,000/- in total. The non completion of the chitty and the non payment of chitty amount to the subscribers is a deficiency in service on the part of opposite parties. Therefore opposite parties are liable to compensate the complainant for the loss sustained to him. Hence the complaint is allowed and the opposite parties 1 to 3 are jointly and severally directed to pay Rs. 70,000/-with interest @ 9% from the date of complaint till payment to the complainant within 30 days from the date of receipt of copy of order along with a cost of Rs.2,500/-. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1Pass Book. No. 31 (T) A2. Pass Book No. 13© Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
