Kerala

Trissur

CC/07/1093

K.C.Jacob - Complainant(s)

Versus

Aswamedham Finance Chitties and Loans - Opp.Party(s)

Adv.E.P.Prince

04 Aug 2008

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/07/1093

K.C.Jacob
...........Appellant(s)

Vs.

Aswamedham Finance Chitties and Loans
C.O.Inasu
Sudheer. K.L.
Nikhil Kumar. T.S.
...........Respondent(s)


BEFORE:
1. Padmini Sudheesh 2. Rajani P.S.

Complainant(s)/Appellant(s):
1. K.C.Jacob

OppositeParty/Respondent(s):
1. Aswamedham Finance Chitties and Loans 2. C.O.Inasu 3. Sudheer. K.L. 4. Nikhil Kumar. T.S.

OppositeParty/Respondent(s):
1. Adv.E.P.Prince

OppositeParty/Respondent(s):




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ORDER

By Smt. Padmini Sudheesh, President: The case of the complainant is that he has subscribed ticket No.43 trimonthly kuri which commenced on 27.6.01. He also subscribed ticket No.14 trimonthly kuri commenced on 3.11.03 through T.V. Ramachandran and ticket No.15 trimonthly kuri through Usha Ramachandran. The commencing date of this kuri was 3.11.03. Complainant was regularly making kuri payment. The complainant auctioned ticket No.14 on 3.5.07 and deposited the auctioned amount Rs.40,000/- as kuri security deposit with the first respondent firm and agreed to pay interest at the rate of 24%. Ticket No.15 was auctioned and the proceeds of Rs.60,000/- so received was also deposited as kuri security with the first respondent firm. There is no default of kuri payment. Ticket No.43 the complainant was regularly making kuri subscription and his contribution in this kuri alone is Rs.96,000/- (24 x 4000). The complainant has two passbooks with him and one pass book is retained by respondent. The complainant has gone several times for making kuri subscription since June 2007 but as the company remained closed he could not make the kuri payments. The complainant could not make future kuri subscription due to the fault of the firm as the firm ceased functioning. Rs.1,98,000/- is due from the first respondent firm. Lawyer notice sent and was returned back. Hence this complaint. 2. The respondents were set exparte. 3. To prove the case complainant has filed affidavit and documents, which are marked as Exts. P1, P2, P3 series and P4 series. 4. According to the complainant, he is entitled to get Rs.1,98,000/- from the respondents. He also claims interest, compensat5ion and costs. There is no evidence to the contrary. 5. In the result, the complaint is allowed and the respondents are directed to return Rs.1,98,000/- (Rupees one lakh and ninety eight thousand only) to the complainant with interest at the rate of 12% from today till realisation. Respondents are further directed to pay Rs.2000/- (Rupees two thousand only) towards costs. Time for compliance two months. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 4th day of August 2008.




......................Padmini Sudheesh
......................Rajani P.S.