By Smt. Padmini Sudheesh, President The facts of the case are that the complainant joined in a kuri conducted by the respondents by ticket No.131. The kuri was started on 23/10/2000 and the instalment amount was Rs.2,500/-. The total chitty amount was Rs.1,15,000/- and the prize amount was Rs.1,00,000/-. The complainant was proper in payment of kuri instalments and he is prized the kuri in the lucky draw conducted on 23/10/03. So the complainant will be eligible for Rs.1,00,000/-. The respondents failed to pay this amount till date. This act of respondents is deficiency in service and this complaint is filed. 2. The counter of respondents 1,2,4 and 5 is that it is true that the complainant had subscribed ticket No.131 as stated in the complaint. On 23/10/03 he got the kuri as prized. The complainant did not furnish any security amount to receive the kuri amount. As the complainant did not furnish stipulated kuri security as per kuri terms respondents are not liable to pay kuri amount. Hence no deficiency in service. The complainant did not pay 9 instalments. He has defaulted 9 instalments out of 46 instalments. So he is a defaulter. As a defaulter he is only entitled to get the actual amount paid less foreman commission. The complainant as a defaulter is not entitled for any auction dividend of discount. The actual amount paid by the complainant is only Rs.66,563/- out of this amount Rs.5,750/- is to be deducted as foreman commission. The complainant had filed another OP which is numbered as OP.655/05 before the Forum for the same relief. The complainant in that OP claims that kuri was prized on 23/12/03. The kuri ticket No. was prized on 23/12/03 is ticket No.39. The complaint is not maintainable on that ground also. The complainant is demanded a huge amount which is not in proportion with the actual amount to be given. Hence payment was denied. There is no deficiency in service and the complainant is not entitled for compensation or interest. Hence dismiss. 3. 3rd respondent filed adoption statement by adopting the counter of other respondents. 4. Points for consideration are: 1) Is there any deficiency in service from respondents? 2) If so reliefs and costs ? 5. The evidence consists of Exhibit P1 and Exhibit R1. 6. The complaint is filed to get the prized kuri amount of Rs.1,00,000/-. It is the case of complainant that he being the kuri subscriber of respondents prized the kuri on 23/10/03 and he will be entitled for prized amount of Rs.1,00,000/-. But it was not paid by the respondents. According to the respondents the complainant failed to furnish any security to receive the prized amount. As the complainant did not furnish stipulated security amount as per the terms and conditions the respondents are not liable to pay the kuri amount. At the same time the respondents failed to return the remitted amount to the complainant and there is no explanation stated for the same. The complainant produced Exhibit P1 pass book to show the remittances made by him. As per that till 23/10/03 money was paid by him. After that no payment was made. The respondents produced Exhibit R1 the copy of personal Ledger of the disputed kuri to show that the kuri was conducted till the termination period. This piece of paper produced by the respondents cannot be relied at all. The personal ledger did not produce to peruse by the Forum and a document which is kept in the custody of respondents cannot be believed. It is to be noticed that there are so many cases which going against the respondents for realization of chity amount and also for realization of amount on Fixed Deposit Receipts. So the contention of the respondents that they would have pay the prized amount if sufficient security was furnished is unbelievable. Since the kuri was terminated on 2004 July 23rd the respondents are liable to return the remitted amount to the complainant much earlier. That was also not done by the respondents. At the time of argument the counsel for complainant submitted that after deducting security amount needed the balance amount may be returned to the complainant. In the present case according to the respondents the complainant paid an amount of Rs.66,563/- excluding dividend and discount. Actually as per Exhibit P1 the complainant is eligible to get return of Rs.92,500/-. But since the kuri was prized he is entitled for the prized amount of Rs.1,00,000/-. An amount of Rs.92,500/- remains with the respondents for a long time and they made unjust enrichment out of the payment made by the complainant. So the complainant is entitled to get the prized amount with interest. 7. In the result the complaint is allowed and the respondents are directed to pay to the complainant Rs.1,00,000/- (Rupees One lakh only) with interest at the rate of 9% from 23/10/03 till realization with cost Rs.500/- (Rupees Five hundred only) within one month from the date of receipt of copy of this order. Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 29th day of May 2010.
| | [HONORABLE Rajani P.S.] Member[HONORABLE Padmini Sudheesh] PRESIDENT[HONORABLE Sasidharan M.S] Member | | 
