Present: 1. Smt. Padmini Sudheesh, President.
2. Sri.M.S.Sasidharan, Member
26th day of September 2012
C.C.876/08,CC.877/08,CC.8788/08&CC.879/08filed on 26/11/08
CC.876/08
Complainant: Radha Sasidharan, Chulliparambil House,
P.O.Manaloor, Thrissur.
(By Adv.A.D.Benny, Thrissur)
Respondents: 1. Aiswarya Finance, rep. by Managing Partner,
Vennengat Bldg., Head Office,
Venkitangu,P.O.Venkitangu.
2.V.K.Brahmadas, Vennengat House,
P.O.Venkitangu.
3. V.K.Sivadas, Vennengat House,
P.O.Venkitangu.
4. V.K.Dharmadas, Vennengat House,
P.O.Venkitangu.
5. Shylaja Brahmadas, Vennengat House,
P.O.Venkitangu.
(By Adv.E.P.Price, Thrissur)
CC.877/08
Complainant: Radha Sasidharan, Chulliparambil House,
P.O.Manaloor, Thrissur.
(By Adv.A.D.Benny, Thrissur)
Respondents: 1. Aiswarya Finance, rep. by Managing Partner,
Vennengat Bldg., Head Office,
Venkitangu,P.O.Venkitangu.
2.V.K.Brahmadas, Vennengat House,
P.O.Venkitangu.
3. V.K.Sivadas, Vennengat House,
P.O.Venkitangu.
4. V.K.Dharmadas, Vennengat House,
P.O.Venkitangu.
5. Shylaja Brahmadas, Vennengat House,
P.O.Venkitangu.
(By Adv.E.P.Prince, Thrissur)
CC.878/08
Complainant: Radha Sasidharan, Chulliparambil House,
P.O.Manaloor, Thrissur.
(By Adv.A.D.Benny, Thrissur)
Respondents: 1. Aiswarya Finance, rep. by Managing Partner,
Vennengat Bldg., Head Office,
Venkitangu,P.O.Venkitangu.
2.V.K.Brahmadas, Vennengat House,
P.O.Venkitangu.
3. V.K.Sivadas, Vennengat House,
P.O.Venkitangu.
4. V.K.Dharmadas, Vennengat House,
P.O.Venkitangu.
5. Shylaja Brahmadas, Vennengat House,
P.O.Venkitangu.
(By Adv.E.P.Prince, Thrissur)
CC.879/08
Complainant: Radha Sasidharan, Chulliparambil House,
P.O.Manaloor, Thrissur.
(By Adv.A.D.Benny, Thrissur)
Respondents: 1. Aiswarya Finance, rep. by Managing Partner,
Vennengat Bldg., Head Office,
Venkitangu,P.O.Venkitangu.
2.V.K.Brahmadas, Vennengat House,
P.O.Venkitangu.
3. V.K.Sivadas, Vennengat House,
P.O.Venkitangu.
4. V.K.Dharmadas, Vennengat House,
P.O.Venkitangu.
5. Shylaja Brahmadas, Vennengat House,
P.O.Venkitangu
(By Adv.E.P.Prince, Thrissur)
O R D E R
By Smt.Padmini Sudheesh, President :
The case of complainant in CC.876/08 is that the complainant was a kuri subscriber of 1st respondent institution. The total instalment of the kuri are 60 and started on 9/5/2000. The entire instalment amounts were remitted by complainant. Thus she is entitled to get back Rs.20,000/-. But no amount is paid so far. Hence the complaint.
2. The counter averments are that the complaint is time barred. The complainant has failed to file the complaint in time. The limitation time runs from the date of kuri termination that is from 9/5/05. So the complainant is not entitled for any relief. Hence dismiss.
3. In CC.877/08, CC.878/09 and CC.879/08 were filed to get back deposited amount. In all the cases counter averments are same.
4. Joint trial is allowed and all the complaints tried jointly.
5. Points for consideration are that :
1) Whether the complaints are barred by limitation ?
2) If not whether there was any deficiency in service committed by respondents?
3) Other reliefs and costs?
6. Evidence consists of oral testimonies of PW1 and RW1, Exhibits P1 to P8
7. It is the case of complainant in CC.876/08 is to get back kuri amount with interest. The kuri was started on 9/5/2000 and the complainant remitted entire amount. It is to be noted that there is no evidence adduced by complainant to show the joining of kuri, termination, payment etc. The pass book is not produced and she failed to prove her case. So she is not entitled to get any amount. Hence this complaint is liable to be dismissed.
8.CC.877/08 is filed to get back deposited amount. It is the case that on 9/10/01 the complainant deposited Rs.6,000/- and the nonpayment of deposited amount is deficiency in service. Exhibit P4 is the FD receipt showing deposit of amount on 9/10/01. It is seen that there is no due date specified and there is no limitation for the claim as stated by the respondent. There is no doubt about the deficiency in service committed by respondents. The respondents are liable to return the FD amount with interest.
9.CC.878/08 is filed to get back deposit amount of Rs.4,000/- deposited on 12/4/01. According to complainant this amount is not returned and the nonpayment is the deficiency in service on the part of respondents. Exhibit P1 is the deposit receipt showing the deposit receipt stated in C.878/08. There is no due date stated and so complainant is entitled to get the amount on demand. The contention of respondents that the claim is barred by limitation is incorrect.
10.CC.879/08 is filed to get the deposited amount on 9/5/00. The complainant would say that the nonpayment of deposited amount is a deficiency in service of respondents. Exhibit P6 is the deposit receipt showing the deposit of amount on 9/5/00. It is to be noted that the due date stated as 3 years from 9/5/00. So the complaint should be filed within two years from the due date. It is not done and the complaint is filed on 26/11/08. So the complaint is barred by limitation and complainant is not entitled to get any amount under this receipt.
11. In the result CC.877/08 and CC.878/08 are allowed and CC.876/08 and CC.879/08 are dismissed. In CC.877/08 and CC.878/08 the respondents are directed to return the due amount with interest at the rate of 12% p.a. from the date of complaint till realization with costs Rs.750/- (Rupees Seven hundred and fifty only) each within two months from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 26th day of September 2012.
Sd/- Padmini Sudheesh, President.
Sd/-
M.S.Sasidharan, Member
Appendix
Complainant’s Exhibits
Ext.P1 Deposit receipt for Rs.4,000/-
Ext.P2 Copy of lawyer notice
Ext.P3 Acknowledgement card
Ext.P4 Deposit receipt for Rs.6,000/-
Ext.P5 Copy of lawyer notice
Ext.P6 Deposit receipt for Rs.15,000/-
Ext.P7 Copy of lawyer notice
Ext.P8 Acknowledgement card
Complainant’s witness in CC.876/08,877/08&CC.879/08
PW1 – C.K.Sasidharan
Complainant’s witness in CC.878/08
PW1 - Radha
Respondents witness
RW1 – K.P.George
Id/-
President
