By  Sri.P.K,.Sasi, President

          The case of the complainant is that she has joined in two chitties conducted by the 1^st opposite party company from their Triprayar branch office having chitty Nos.TLC3/6 and TLC5/7.  She has paid till 19^th monthly instalments  in  chitty No.TLC3/6 and 20^th monthly instalments in Chitty No.TLC5/7 without any default. And the total amount paid by the complainant in the above chitties is Rs.14,284/- and  Rs.39,380/- respectively.   After that she could not continue the kuri since the opposite parties stopped the functioning of kuri company from July 2016. The kuri amount was not paid by the opposite parties.  The act of the opposite parties amounts to deficiency in service as well as unfair trade practice.  The opposite party Nos.2 to 4 are being the directors having direct involvement in the  functioning of the company.  Therefore, they are liable to pay the amount with 12% interest to the complainant.    So the complainant personally demanded on 1/5/2018 to return back the amount paid.  But no relief received. Hence this complaint is filed.

          2. On receiving the complaint, notice was issued to all the opposite parties. But all notices returned stating abolished and left.     Hence all the opposite parties  set exparte.  and posted for complainant’s evidence.  From the side of complainant she has appeared before the Forum and submitted proof affidavit, in which she has affirmed and explained all the averments stated in the complaint in detail.  She has produced two documents, which are marked as Exts.P1& P2  kuri passbooks.

          3. Since there is no contra evidence  available before us, we are inclined  to accept the proof affidavit and heard the complainant’s counsel in detail.  We have gone through the contents of affidavit and perused kuri pass book produced.  The Exts.P1 & P2 kuri passbooks would go to show that the complainant had paid Rs.14,284/- and Rs.39,380/- respectively.   So  she is entitled to get back that amount from the opposite party with interest.  The opposite parties committed deficiency in service as well as unfair trade practice,  since the opposite parties stopped functioning of the company without giving the deposit amount.  If at all there was any contra evidence for the opposite party they ought to have been appeared before the Forum and submitted their version.

          4. In the result we allow this complaint and the 1^st opposite party company is directed to return Rs.14,284/- (Rupees Fourteen thousand two hundred and eighty four only) and Rs.39,380/- (Rupees Thirty nine thousand three hundred and eighty only) with 12% interest from July 2016 to the complainant within one month from receiving copy of this order.  Failing which the complainant is entitled to get 12% interest for all those amounts till realization.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 13^th  day of  December  2019.

Sd/-                                                                             Sd/-

Dr.K.Radhakrishnan Nair                                         P.K.Sasi,                                 Member                                                                           President.

                                      Appendix

Complainant’s Exhibits

Exts.P1 & P2 Kuri pass books

                                                                                                Id/-

                                                                                                President