KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL NO.227/2000
JUDGMENT DATED.23.06.08
PRESENT:-
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
SMT.VALSALA SARANGADHARAN : MEMBER
Branch Manager,
KeralaState Financial Enterprises, : APPELLANT
Main Branch, Kollam.
(By Adv.P.K.Venugopal & S.Pradeepkumar)
Vs
G.Joseph,
Jose Villa, Kuravanpalam, : RESPONDENT
Asramam South Ward,
Kollam
(By Adv.Stephen Rozario)
JUDGMENT
JUSTICE SRI.K.R.UDAYABHANU: PRESIDENT
The appellant is the opposite party/KSFE in OP.No.510/99 in the file of CDRF, Kollam. The appellant is under orders to pay to the complainant interest on the chitty amount at 12% from the date on which the complainant bid the chitty till the date of termination of the chitty and also to pay Rs.1000 towards costs and compensation.
2. The case of the complainant is that he was a subscriber in the chitty run by the opposite party. The sala of the chitty is Rs.25,000/- and the monthly subscription is Rs.500/- According to him he successfully bid the chitty on the 25th instalment for a sum of Rs.17,500/-. The total instalments are fifty in number. According to him he applied to the opposite party to deposit the price amount of Rs.17500/- in FD and remit the future instalment amounts from the interest due from the FD. It is the case of the complainant that the opposite party failed to deposit the price amount in the FD and the balance instalments were defaulted and returned only Rs.5820/-. The complainant had remitted all together a sum of Rs.9500/- till the 25th instalment, not including veethapalisa.
3. On the other hand the opposite party has contended that the amounts remitted including veethapalisa is Rs.12,500/-. The future instalment were defaulted. The complainant had not furnished any security or executed documents for remitting the price amount in the FD. It is pointed out that as per request received from the complainant the opposite party disbursed to him the amount after adjusting the instalment up to 22.5.99.
4. The evidence adduced consisted of the testimony of PW1, DW1, Ext.P1 to P3; Ext.D1 and D2.
5. It is the case of the complainant /PW1 that he had applied for depositing the price amount in FD and adjusting the interest for the future instalments of the chitty. DW1 the Manager has testified that he was not the Manager during the relevant period. On verifying of records he has stated that the complainant has not made any such application. It is pointed out by the counsel for the appellant that the interest from FD of Rs.17500/- the price amount would not be adequate for adjusting the future instalments of the chitty and that the complainant has defaulted the rest of the instalments from the 26th instalment. We find that the above contention is relevant in the circumstances. The above fact would show that the entire case of the complainant cannot be correct. All the same, we find that the complainant is entitled for the amounts he actually deposited ie Rs.9500/ out of which Rs.5820/- has been paid on 22.5.99. We find that the complainant is entitled for the balance amount of Rs.3680/- with interest at 12% from 19.7.97 till the realization as per the stipulation of the Ext.D1 the complainant can get the price money only before the date of next installment due. Tthe complainant will also be entitled for Rs.1000/- as costs as ordered by the forum.
In the result the order of the forum is modified to the effect that the appellant will be liable to pay the complainant a sum of Rs.3680/- with interest at 12% from 19.7.97 till realization and Rs.1000/- as costs.
In the result the appeal is allowed in part.
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
SMT.VALSALA SARANGADHARAN : MEMBER
R.AV
