D.o.F:19/11/08 D.o.O:25/2/09 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.NO. 252/08 Dated this, the 25th day of February 2009 PRESENT: SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER Usha.A.V, W/oVijayakumar.A, S/o Raghavan Nair, Ushas,Pateena, : Complainant Nileshwar PO, Hosdurg,Kasaragod. (Muralee Krishna.S,Adv.Hosdurg) 1.Pudukai Vainingat Sree Vairajathan Easwaran Kshethra Committee Rep.by its President office at Vainingat, Po.Uppilikkai, Pudukkai Village, Hosdurg Taluk, Kasaragod.Dt. 2. Balachandran, Secretary, Pudukai Gaining Sree Vairajathan Easwaran Kshethra Committee, R/at Vainingat, Po.Uppilikkai, Hosdurg Taluk, : Opposite parties 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) ORDER SRI.K.T.SIDHIQ:PRESIDENT The case of the complainant Usha.A.V can be summarized as follows: She joined in 2 different chitties run by opposite parties. The first chitty started on 07/05/2005, the total prize money of the chitty was Rs.25,000/-. The monthly subscription payable was Rs.500/-. The complainant has paid 22 monthly installments. Thus she paid Rs.11000/- in the said chitty. The second chitty was began on 21/05/2006 and the total prize money as per this chitty was Rs.50,000/-. The monthly subscription payable was Rs.1000/-. The complainant had paid 10 monthly installments of Rs.10,000/- in the said chitty. But in March 2007 the opposite parties absconded closing the chitty offices and appropriating the chitty amounts of various chittalans. Hence the complainant claiming the refund of the chitty installments paid with interest and costs. 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.21000/-. 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 sum of Rs.21000/-( Rupees twenty one thousand only) being the chitty installments she paid in the 2 chitties. The opposite parties are further directed to pay interest @9% per annum for Rs.21000/- from 19/11/08, the date of complaint till payment by way of compensation. Opposite parties shall also pay the cost of these proceedings which is fixed as Rs.2500/-. Time for compliance 30 days from the date of receipt of copy of order. Sd/ Sd/ Sd/ MEMBER MEMBER PRESIDENT Exts: A1&A2-Chitty passbooks /Forwarded by Order/ eva/ SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
