Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R., Member
30st day of November 2022
CC 367/20 filed on 08/09/20
Complainant : K.F. George, Kakkanattu House, Madakkathara P.O.,
East Vellanikkara, Thrissur.
(By Adv. A.D. Benny, Thrissur)
Opposite Party : Chiyyaram Kuries and Loans (P) Ltd.,
Rep. by Managing Director, P.O. Chiyyaram,
Thrissur – 680 026.
(Ex-parte)
O R D E R
By Sri. C.T. Sabu, President :
Facts of the Case as follows:
The complainant has subscribed a 19th day monthly kuri conducted by the opposite party and the opposite party had issued a passbook bearing No.186 to the complainant. Statedly out of the total 72 instalments the complainant had remitted 65 instalments that will come to Rs.97,500/-. Since the opposite party discontinued the kuri paid back Rs.46,500/- in instalments (Rs.25,000/- on 05/07/17, Rs.15,000/- on 15/11/17 and Rs.6,500/- on 17/05/18) to the complainant but the opposite party was reluctant to pay the balance amount stating one or other reasons. The complainant was constrained to send a notice for the balance amount which also yielded no result. Hence this complaint.
2) Proper notice issued to the opposite party by the Commission. The opposite party has not cared to enter appearance or filed their version before the Commission. Hence proceedings against the opposite party was set ex-parte and posted for evidence of the complainant.
3) When the case came for evidence the complainant filed proof affidavit in tune with the complaint, in which he affirmed and explained all the averments in the complaint. Three documents are produced from his side and marked as Exts. A1 to A3. Ext. A1 is the 19th Day Monthly Kuri II Pass Book, Chit No.44 issued by the opposite party. Ext. A2 is the Photostat copy of the page of Kuri Pass book and Ext. A3 copy of lawyer notice dtd. 30/01/20 sent by the complainant.
4) The Commission meticulously examined the facts and evidence of the case and perused the documents produced. Ext. A1 kuri pass book would go to show that the complainant has remitted 65 instalments as stated in the complaint. From Exts. A2 & A3 it is evident that the complainant demanded the amount as stated in the complaint. As there is no contra evidence in this case we have no other option than to believe the proof affidavit filed by the complainant. We are in the opinion that the opposite party failed to pay back the amount claimed by the complainant that is tantamount to deficiency in service and unfair trade practice. Hence we are inclined to allow this complaint.
In the result, the complaint is allowed and the opposite parties are directed to pay Rs.51,000/- (Rupees Fifty one thousand only) along with 12% interest from the date of complaint. Also directed to pay Rs.5,000/- (Rupees Five thousand only) as cost of this complaint. The order shall be complied within one month from receiving copy of this order. Failing which the complainant is entitled for 12% interest till realisation of the entire amount.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30th day of November 2022.
Sd/- Sd/- Sd/-
Sreeja S. Ram Mohan R C. T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 19th Day Monthly Kuri II Pass Book, Chit No.44 issued by the opposite
party.
Ext. A2 Photostat copy of the page of Kuri Pass book
Ext. A3 copy of lawyer notice dtd. 30/01/20 sent by the complainant.
Id/- President
