By Smt. Rajani.P.S, Member:
The complainant’s case is as follows. The complainant is a subscriber of one narukku kuri in the 10th day monthly kuri vide No.35 conducted by the 1st respondent firm. She had joined the said kuri on 10.3.1998 and paid for that till 10.3.2010. The complainant had auctioned the said kuri for Rs.87,529/- in the auction conducted on 22.1.10. For the above said amount the respondents issued a cheque No.08364 dtd.15.3.10. But when it was presented for collection in Thrissur Urban Co-operative Bank it was returned as funds insufficient and received memo dtd. 16.3.10. Again she presented the cheque and it was returned for the same reason and received memo dtd. 25.3.10. A lawyer notice was sent on 13.4.10. The respondents sent a reply dtd. 21.4.10 stating untrue facts. The complainant had accepted cheque for the auctioned amount only upon the assurance given by the respondents. The issuance of cheque was upon an intention to cheat the complainant. The complainant is entitled to get the auctioned kuri amount. Due to the act of the respondents the complainant suffered financial loss and miseries. The act of the respondents amounts to unfair trade practice and deficiency in service. Hence the complaint.
2. The respondents were called absent and set exparte.
3. To prove the case of the complainant, she had filed affidavit and produced Exts. P1 to P7 documents.
4. According to the complainant, she had subscribed a 10th day monthly kuri on 10.3.98 in the respondent firm vide No.35. She paid for the kuri till 10.3.10. She auctioned the said kuri on 22.1.10 for Rs.87,529/-. The respondents issued a cheque numbered 98364 dtd. 15.3.10 for the auctioned amount. But it was not realized stating funds insufficient.
5. There is no evidence to the contrary.
6. In the result the complaint is allowed and the respondents are directed to return the Ext. P1 amount along with a compensation of
Rs.1000/- (Rupees one thousand only) and costs Rs.500/- (Rupees five hundred only) 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 17th day of June 2011.
