O R D E R
By Sri. C.T. Sabu, President :
The case of the complainant is that she subscribed a Kuri conducted by opposite party company as statement No.502 A in the 7th day Bagyarathnam chits bearing No. JM121. The said kuri was auctioned on 07/08/2012. An amount of Rs.2,50,000/- deposited with Vilvattom Co-operative Bank and lein was noted in favour of the opposite party company as Security for the Kuri amount received by the complainant subsequently the complainant approached opposite party to release the interest of the deposit amount, but the same was denied. At the time of depositing the amount with Co-operative Bank the opposite party insisted the complainant to deposit the amount in their company, but the complainant was not willing. Due to that ill feeling the opposite party denied to release the interest amount from the Co-operative Bank. This amounts the deficiency in service on the part of the opposite party. Hence this complaint filed.
2) The opposite party filed detailed version denying all the averments, but admitted the kuri transaction. They also averned that they denied the request of the complainant in regard to the smooth running and security aspect of the kuri. They are ready to release the entire kuri amount with interest as and when the balance amount due from the complainant is sufficient to meet future instalments.
3) In this case the complainant filed a proof affidavit and produced six documents which are marked as Exts. P1 to P6. Ext. P1 is the copy of Kuri Pass book cover; Ext. P2 is the copy of Lawyer Notice dtd. 22/09/13; Ext. P3 is the copy of Reply notice by the opposite party; Ext. P4 is the Kuri amount payment slip dtd. 25/09/12; Ext. P5 is the letter to the opposite party dtd. 18/10/13 and Ext. P6 is the reply letter by the opposite party to the complainant dtd. 31/10/13.
The opposite party also filed proof affidavit in the tune of version filed by them. They have produced 8 documents which are marked as Exts. R1 to R8. Ext. R1 is the copy of Kuri contract dtd. 25/09/12; Ext. R2 is the personal ledger; Ext. R3 is the copy of the reply notice of the opposite party; Ext. R4 is the copy of Resolution; Ext. R5 is the copy of letter by the complainant dtd. 09/09/16; Ext. R6 is the reply given to the Vilvattom Service Co-operative bank dtd. 28/09/16; Ext. R7 is the copy of Kuri contract and Ext. R8 is the copy of FD Receipt. In the affidavit of the opposite party they categorically stated that after the filing of the complaint as per the demand of the complainant the lien was lifted and the complainant received the balance amount after depositing for the future instalments.
4) On going through the proof affidavits and perusing the documents we are convinced that there is no deficiency in service on the part of the opposite party. Moreover the matter in dispute has already been infrectuous as the maturity date of the kuri is over by now.
In the result the complaint stands dismissed.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 16th day of November 2020.
Sd/- Sd/- Sd/-
Sreeja S. Dr.K.Radhakrishnan Nair C. T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. P1 copy of Kuri Pass book cover
Ext. P2 copy of Lawyer Notice dtd. 22/09/13
Ext. P3 copy of Reply notice by the opposite party
Ext. P4 Kuri amount payment slip dtd. 25/09/12
Ext. P5 letter to the opposite party dtd. 18/10/13
Ext. P6 reply letter by the opposite party to the complainant dtd. 31/10/13.
Opposite Parties’ Exhibits :
Ext. R1 copy of Kuri contract dtd. 25/09/12
Ext. R2 personal ledger
Ext. R3 copy of the reply notice of the opposite party
Ext. R4 copy of Resolution
Ext. R5 copy of letter by the complainant dtd. 09/09/16
Ext. R6 reply given to the Vilvattom Service Co-operative bank dtd. 28/09/16
Ext. R7 copy of Kuri contract and Ext. R8 is the copy of FD Receipt.
Ext. R8 copy of FD Receipt.
Id/- President
