O R D E R

By  Sri.P.K,.Sasi, President

          The case of the complainant is that he has joined  5 tickets in a 10^th day monthly kuri conducted by the opposite  party vide ticket Nos.123, 126, 137, 139 and 140.  The kuri started from 12/4/12 and terminated on 10/1/18.  The entire 70instalments were paid by the complainant without any default.  Accordingly the complainant is entitled to get Rs.2,50,000/-in total from the  opposite party.  Moreover he is also entitled to get Rs.4,404/-  kept in suspension account towards bonus.  Despite repeated demands made by the  complainant opposite party did not  pay any amount to the complainant.  The act of the opposite party amounts to deficiency in service as well as unfair trade practice towards the complainant.  Hence a lawyer notice was issued on 15/11/18.  Even then no relief received.  Hence this complaint  is filed. 

          2. On receiving complaint, notice was properly issued to the opposite party.  Whereas even after accepting the notice, the opposite party  neither appeared before the Forum nor submitted any version.  Hence the opposite party set exparte and posted for complainant’s evidence.  From the side of complainant she has appeared before the Forum and submitted proof affidavit, in which she has affirmed  and explained  all the averments  stated in the compliant in detail.  She has also  produced 2 documents, which are marked as Exts.P1 and P2.  Ext.P1 series are pass books (5 Nos.) and Ext.P2  is copy of lawyer notice with postal receipt.  Since there is no contra evidence  available before us, we are inclined to accept the proof affidavit filed by the complainant.

          3. We heard the learned counsel for the complainant in detail and perused the documents produced.  Ext.P1 series pass books would go to show that the complainant joined in 10^th day monthly kuri and taken 5 tickets vide Nos.123, 126, 137, 139 and 140.  All the 5 tickets are fully paid by the complainant.  The prize amount as per the schedule printed in the pass book is Rs.50,000/-.  Therefore the complainant is entitled to get Rs.2,50,000/- in total towards the 5 number of kuries.  The non payment of the kuri amount even after the termination of the kuri amounts to deficiency in service as well as unfair trade practice on the part of opposite party.  There is no proof available to show that there was any suspense account of bonus price as stated  in the complaint.

          4. In the result, we are inclined to allow this complaint and the opposite party kuri company is directed to return Rs.2,50,000/- (Rupees Two lakh fifty thousand only) with 12% interest from the date of complaint to the complainant within one month from receiving copy of this order.  There is no separate order regarding compensation and cost, since sufficient interest is allowed.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the  30^thday  of  November  2019.

Sd/-                                                                         Sd/-

Dr.K.Radhakrishnan Nair                                    P.K.Sasi,                                 Member                                                                    President.

                                      Appendix

Complainant’s Exhibits

Ext.P1 series pass books (5 Nos.)

Ext.P2  copy of lawyer notice with postal receipt.

                                                                                                   Id/-

                                                                                                President