Fundamental Chits Pvt Ltd V/S Anto Paliyekkara - Consumer Court Case

Kerala

Trissur

CC/06/1044

Anto Paliyekkara - Complainant(s)

Versus

Fundamental Chits Pvt Ltd - Opp.Party(s)

Adv.Sunny George

24 Jul 2008

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/06/1044

Anto Paliyekkara						...........Appellant(s)
Vs.
Fundamental Chits Pvt Ltd Alex.C.A. Benny Joseph Murali P.G.						...........Respondent(s)

BEFORE:

1. Padmini Sudheesh 2. Rajani P.S.

Complainant(s)/Appellant(s):

1. Anto Paliyekkara

OppositeParty/Respondent(s):

1. Fundamental Chits Pvt Ltd 2. Alex.C.A. 3. Benny Joseph 4. Murali P.G.

OppositeParty/Respondent(s):

1. Adv.Sunny George

OppositeParty/Respondent(s):

4. T.S.Raveendran

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ORDER

By Smt. Padmini Sudheesh, President: Petitioners case is as follows: Petitioner was subscriber of two kuries in the Fundamental Chits as per statement No.29 and 30. The instalment amount was Rs.1000/- and for 22 instalments the petitioner had remitted the kuri amount. From 2.3.06 onwards he couldnt remit the amount due to non-functioning of the firm. The remitted amount is not returned so far. Lawyer notice sent, no reply and no remedy. 2. Respondents-1 to 3 were declared exparte. It was endorsed that no relief is sought against the fourth respondent. 3. To prove the case, petitioner has filed affidavit and six documents, which are marked as Exts. P1 to P6. 4. According to the petitioner he is entitled to get the amount of Rs.44,000/- and also interest. He also claimed compensation and costs. 5. There is no evidence to the contrary. 6. So the petition is allowed and the respondents-1 to 3 are directed to return the amount of Rs.44,000/- (Rupees forty-four thousand only) to the petitioner with interest at the rate of 12% for each instalment and 6% interest from today till realisation. Respondents-1 to 3 are further directed to provide Rs.1000/- (Rupees one thousand only) towards costs. Comply the order within two months. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 24th day of July 2008.

By Smt. Padmini Sudheesh, President: Petitioners case is as follows: Petitioner was subscriber of two kuries in the Fundamental Chits as per statement No.29 and 30. The instalment amount was Rs.1000/- and for 22 instalments the petitioner had remitted the kuri amount. From 2.3.06 onwards he couldnt remit the amount due to non-functioning of the firm. The remitted amount is not returned so far. Lawyer notice sent, no reply and no remedy. 2. Respondents-1 to 3 were declared exparte. It was endorsed that no relief is sought against the fourth respondent. 3. To prove the case, petitioner has filed affidavit and six documents, which are marked as Exts. P1 to P6. 4. According to the petitioner he is entitled to get the amount of Rs.44,000/- and also interest. He also claimed compensation and costs. 5. There is no evidence to the contrary. 6. So the petition is allowed and the respondents-1 to 3 are directed to return the amount of Rs.44,000/- (Rupees forty-four thousand only) to the petitioner with interest at the rate of 12% for each instalment and 6% interest from today till realisation. Respondents-1 to 3 are further directed to provide Rs.1000/- (Rupees one thousand only) towards costs. Comply the order within two months. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 24th day of July 2008.

......................Padmini Sudheesh
......................Rajani P.S.