Judgment:
JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT
The appellant is the opposite party in OP No.1039/04 in the file of CDRF, Thrissur. The appellant is under orders to return the amount of Rs.4,500/- with 12% interest to the complainant and also costs of Rs.500/-.
2. It is the case of the complainant that he has a subscriber to the chit with the opposite party. The monthly instalment was Rs.500/-. Altogether, a sum of Rs.4,500/- was deposited. According to him, on the 9th month he auctioned the chit for Rs.12,000/-. Although, sureties were furnished the amount was not given. Hence, he sought for return of the amount paid.
3. According to the opposite party/appellant, the complainant was remitted only a sum of Rs.2,664/- and also alleged that no sureties were furnished. After auction no instalments were remitted.
4. We find that no evidence was adduced before the Forum. The appellant has produced herein certain documents to support his contentions. It appears that the Forum has not considered the contentions in this regard.
5. In the circumstances, the order of the Forum is set aside. The matter is remitted back to the Forum. The Forum is directed to permit the parties to adduce evidence and dispose of the case by a considered order.
6. The matter will stand posted before the Forum on 16.9.2009.