D.o.F:20/06/2012
D.o.O:30/08/2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.207/12
Dated this, the 30th day of August 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Ashraf.T.A, S/o late Abdul Khader,
Dilshad Manzil, S.P.Nagar,
Hidayatha Nagar Po,Kasaragod. : Complainant
(Adv.Abdul Nazir,Kasaragod)
1., V.K.Sasi, S/o Krishnan Kutty,
R/at Vazhapparambil House, :
Amarakkuni PO, Asramakkolly,Pulpally, Wayanad Dt.673579.
2. Saji.P.O, S/o Ouseph, R/at Puthuvanakudiyil House, :
Thazhathoor PO,Cheeral Bathery, Wayanad Dt.
3.Binoy John, S/o Ulahannan, Opposite parties
R/at Pariyappanal House, Mullankolly Po, :
Pulpally, Wayanad Dt.
4. Jayan Joseph, S/o Joseph, R/at Vallikkattil House
Pulpally Po, Wayanad Dt.
5. Baiju.K.K, S/o Kurian, R/at Kallelimoloth House, :
Chettappalam Po,Pulpally, Wayanad Dt.
6. Bijulal G.G, S/o Gopalan, R/at Geethalayam House, :
Amarakkuni Po ,Azramamkolli, Pulpally,Wayanad Dt.
7. Suresh P.G, S/o Gopalan,
R/at Ponthen Veettil House, Kalanadikolly Po, : Opposite parties
Pulpally,Wayanad Dt.
8. K.Raju, S/o Kumaran, R/at Devasseriyil House
Amarakkuni ,Pulpally,Wayanad Dt. :
9. Subramanya Bhat, S/o Ramakrishna Bhat,,
Arjunagoli House,Pattla Po, Kasaragod.
10.E.Ravindran, Well Wisher Hotel,Anangoor,Kasaragod.
( All are Exparte)
ORDER
SMT.P.RAMADEVI :PRESIDENT
The facts of the case in brief are as follows:-
That at the instigation of opposite parties the complainant joined a chitty conducted by the opposite parties for a sala of Rs.1, 00,000/- commenced on 30/07/2009 . He was regular in making the payment of subscription amount. But later he came to know that the office of the opposite parties was closed and they were absconded .The complainant remitted the amount of Rs.41150/- towards the chitty and he has not received the chitty amount so far. Hence this complaint is filed for necessary relief.
2. Notice issued to opposite parties 1to 3,5 to 9 were returned unclaimed .The name of opposite parties 1to 3,5 to 9 were called absent and set exparte. Notice to opposite parties 4& 10 are returned unserved. Hence publication of notice against opposite parties 4& 10 were ordered and even after publication of notice they remained absent and set exparte.
3. The complainant filed chief affidavit and Ext.A1pass book marked.
4. Here the complainant joined the chitty on 30/07/2009 and paid total amount Rs.41,150/- After maturity he has not received the amount. He produced Ext.A1, the passbook reveals that he had paid Rs.41,150/- towards the chitty. Hence the opposite parties are liable to refund to the complainant.
Therefore the complaint is allowed and opposite parties 1 to10 are jointly and severally directed to pay Rs.41150/-(Rupees forty one thousand one hundred & fifty only) with interest @9% per annum from the date of complaint till payment and they further directed to pay a cost of Rs.3000/- to the complainant. Time for compliance is 30 days from the date of receipt of copy of the order.
A1- copy of chitty passbook
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva /forwarded by Order/
SENIOR SUPERINTENDENT
