Alliance Financiers Loans and Chitties, Thrithallur. V/S V.K. Mohanan - Consumer Court Case

Kerala

Trissur

CC/05/1111

V.K. Mohanan - Complainant(s)

Versus

Alliance Financiers Loans and Chitties, Thrithallur. - Opp.Party(s)

Paul Antony.C.

05 Nov 2008

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/05/1111

V.K. Mohanan						...........Appellant(s)
Vs.
Alliance Financiers Loans and Chitties, Thrithallur. Shaji						...........Respondent(s)

BEFORE:

1. Padmini Sudheesh 2. Rajani P.S. 3. Sasidharan M.S

Complainant(s)/Appellant(s):

1. V.K. Mohanan

OppositeParty/Respondent(s):

1. Alliance Financiers Loans and Chitties, Thrithallur. 2. Shaji

OppositeParty/Respondent(s):

1. Paul Antony.C.

OppositeParty/Respondent(s):

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ORDER

By Smt. Padmini Sudheesh, President: This is a case against the financiers for returning of the remitted kuri amount with interest. The complainant was a kuri subscriber of the respondent, which had started on 15.1.00 and the total sala was Rs.21,000/-. The complainant had remitted 34 instalments towards the kuri amount. The respondent used to come to the shop of the complainant for collecting the amount. But the respondent had not come to collect the last instalment and on enquiry it was known that the firm had stopped its business. But on 29.1.03 the second respondent returned Rs.3000/- to the complainant and it is endorsed on the back of the passbook. After that nothing was returned. Hence this complaint. 2. The respondents are called absent and declared exparte. 3. To prove the case complainant has filed affidavit and one document, which is marked as Ext. P1. 4. According to the complainant he is entitled to get the balance amount of Rs.17,400/- with interest. He also claims compensation. 5. Even though the respondents are remained as exparte there is one point to be decided. As per Ext. P1 he had remitted Rs.20,400/-. According to the complainant Rs.3000/- was returned on 29.1.03 and it is endorsed on the Ext. P1 passbook. So the cause of action arised on 29.1.03. There is no written demand after that. As per Section 24A of the Consumer Protection act the Forum shall not admit a complaint unless it is filed within two years from the date of cause of action. Here the cause of action arised on 29.1.03 and the filing of the complaint is on 14.11.05. So the complaint is barred by limitation. If there was sufficient cause for non-filing of the complaint, he can very well submit it as per Section 24A(2) of the Act. In the absence of this also the complaint is not maintainable and is liable to be dismissed. 6. In the result, complaint is dismissed without costs. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 5th day of November 2008.

By Smt. Padmini Sudheesh, President: This is a case against the financiers for returning of the remitted kuri amount with interest. The complainant was a kuri subscriber of the respondent, which had started on 15.1.00 and the total sala was Rs.21,000/-. The complainant had remitted 34 instalments towards the kuri amount. The respondent used to come to the shop of the complainant for collecting the amount. But the respondent had not come to collect the last instalment and on enquiry it was known that the firm had stopped its business. But on 29.1.03 the second respondent returned Rs.3000/- to the complainant and it is endorsed on the back of the passbook. After that nothing was returned. Hence this complaint. 2. The respondents are called absent and declared exparte. 3. To prove the case complainant has filed affidavit and one document, which is marked as Ext. P1. 4. According to the complainant he is entitled to get the balance amount of Rs.17,400/- with interest. He also claims compensation. 5. Even though the respondents are remained as exparte there is one point to be decided. As per Ext. P1 he had remitted Rs.20,400/-. According to the complainant Rs.3000/- was returned on 29.1.03 and it is endorsed on the Ext. P1 passbook. So the cause of action arised on 29.1.03. There is no written demand after that. As per Section 24A of the Consumer Protection act the Forum shall not admit a complaint unless it is filed within two years from the date of cause of action. Here the cause of action arised on 29.1.03 and the filing of the complaint is on 14.11.05. So the complaint is barred by limitation. If there was sufficient cause for non-filing of the complaint, he can very well submit it as per Section 24A(2) of the Act. In the absence of this also the complaint is not maintainable and is liable to be dismissed. 6. In the result, complaint is dismissed without costs. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 5th day of November 2008.

......................Padmini Sudheesh
......................Rajani P.S.
......................Sasidharan M.S