ORDER

T.S.P. Moosath, Judicial Member—Appeal No. 234/2019 has been filed by the complainant and Appeal No. 735/2018 has been filed by the opposite parties in C.C. No. 293/2012 of the Consumer Disputes Redressal Forum, Kottayam (in short the District Forum) against the order passed by the District Forum dated 22.06.2018. By the said order the District Forum directed the opposite parties to pay Rs. 3,84,035/- the amount deducted from the prized chitty amount of the complainant and to pay Rs. 2,500/- as costs to the complainant.

2. The averments contained in the complaint are, in brief, as follows:—

The complainant was a subscriber of the chitty conducted by the 2nd opposite party for the sala of Rs. 30,00,000/- as chitty No. 17/11. Complainant bid the chitty on 24.03.2012 for an amount of Rs. 25,49,000/-. On 29.03.2012 when the complainant approached the 2nd opposite party for getting the prize money, the 2nd opposite party informed that an amount of Rs. 6,89,626/- was due to the 3rd opposite party as the dues for some other chitty and the same amount was deducted from the prize money. The complainant made complaint before the Regional Manager, K.S.F.E and before the Finance Minister and the Finance Minister ordered to hear the complainant and to take a decision at the Head Office. But the opposite parties did not take any further steps for getting the prize money. The 2nd opposite party told the complainant that an amount of Rs. 3,84,035/- was to be deducted and the balance amount of Rs. 21,51,770/- was forced to be received by the complainant because of financial urgency. The deducted amount was deposited in the general suspense account of the 2nd opposite party. The act of the opposite parties amounts to deficiency in service on their side. The complainant is entitled to get back the deducted amount with interest from 24.03.2012 @ 18% per annum. The complainant is also entitled to get compensation from the opposite parties.

3. The opposite parties filed version raising the following contentions. The complaint is not maintainable. The complainant ought to have filed a suit for settlement of accounts before the Civil Court. The prize money was Rs. 25,49,000/- and it was due for payment on 23.04.2012. Before disbursing the chitty prize money to subscribers, the branch will ensure whether there is any default on the part of the prized subscribers in the other branches of K.S.F.E. Whileso by letter dated 28.03.2012 the 3rd opposite party informed that the complainant and her husband were defaulters in the chitty conducted in that branch and directed to deduct Rs. 6,89,626/- from the prized money of the chitty. The fact was informed to the complainant. On 27.04.2012 the complainant and her husband came to the office of the 2nd opposite party and requested to disburse the prize money of the chitty. After making the complainant aware of the default, with her consent and permission an amount of Rs. 3,84,035/- was deducted from the prize money and it was forwarded to be adjusted in the chitties run by the 3rd opposite party. By that time the dues to the 3rd opposite party was only Rs. 3,84,035/-. The deduction of the dues from the prize money of the chitty is done as per the prevalent rules. On the basis of the enquiry conducted by the Regional Manager in the presence of the husband of the complainant and on verification of the records it was found that purposefully the complainant was delaying the payments due to the K.S.F.E. by issuing outstation cheques. Only if subscribers are paying the instalments regularly on the due dates opposite parties could effect payment to the prized subscribers. The complainant remitted an amount of Rs. 3,07,916/- by way of cheque and it was encashed on 30.04.2012. By that time an amount of Rs. 3,84,035/- was received by the 3rd opposite party from the 2nd opposite party. Those amounts were adjusted towards the dues in the other chitties. There was no deficiency in service on the side of the opposite pa