By Smt. Padmini Sudheesh, President:

 

            The facts of the complaint are as follows. The complainant was a subscriber of 9^th day monthly kuri conducted by the respondents. The kuri was started on 9.10.99 and terminated on 2004 September. The monthly instalment was Rs.1000/- and the complainant remitted the entire instalments. As per the transaction the complainant is entitled for Rs.50,000/-, but due to non-payment of the amount in time the complainant is entitled for Rs.60,000/- which includes the foreman commission also. Hence the complaint to get refund of the amount.

 

            2. The counter of respondents-1, 2, 3 and 5 is that the complainant is entitled for Rs.50,000/- and the respondents are entitled to get foreman commission. But the complainant claimed for Rs.60,000/- hence only the respondents declined payment as demanded by the petitioner. The complainant is not entitled for any interest as it was because of his fault he did not accept the actual amount due. The 5^th respondent is only a sleeping partner and is not liable for the transaction. Due to financial difficulty the amount did not and will be paid to the complainant within one year

 

            4. The points for consideration are:

(1)   Is there any deficiency in service?

(2)   If so reliefs and costs.

            5. The evidence consists of Ext. P1 and P2 only.

 

            6. Point No.1: The complaint is for realization of remitted kuri amount with interest. The case of complainant is that he was a subscriber of the 9^th day monthly kuri conducted by the respondents and paid the entire instalments. The monthly instalment was Rs.1000/- and the kuri terminated on 2004 September. According to him actually he is entitled to get Rs.50,000/- but due to non-payment of the remitted amount in time the respondents are not entitled for foreman commission and the complainant is entitled to get Rs.60,000/-.

 

            7. In the counter the respondents-1, 2, 3 and 5 stated that the complainant is entitled for Rs.50,000/- and they will pay the amount within one year.

 

            8. The complainant has produced the passbook and copy of lawyer notice and marked as Exts. P1 and P2. As per Ext. P1 passbook the complainant had remitted the entire instalments and no denial of this aspect in the counter also. The entire transaction is admitted by the respondents-1, 2, 3 and 5 and admitted that they are ready to pay Rs.50,000/- within one year. The counter was filed on 21.11.06 and no payment is made so far. The only dispute is with regard to the foreman Commission. According to the complainant, due to non-payment of the amount after the termination the respondents are not entitled for foreman commission. According to the respondents, the complainant has illegally claimed for Rs.60,000/- and only because of this the respondents declined payment as demanded by the complainant. They further stated that they will pay Rs.50,000/- within one year of filing counter. Both these contentions are contradictory and not reliable at all. Because till date no payment is made. So the complainant is entitled for Rs.60,000/- and interest.

 

            9. In the result, complaint is allowed and all the respondents are directed to pay Rs.60,000/- (Rupees sixty thousand only) with interest at the rate of 12% per annum from 9.9.04 and 6% interest from today till realization with cost Rs.500/- (Rupees five hundred only) to the complainant within one month.