Present: 1. Sri.P.K.Sasi, President.
2. Smt. Sheena.V.V., Member.
3. Sri.M.P.Chandrakumar, Member
31st day of October 2017
C.C. 535/15 filed on 14/09/2015
Complainant : Bindu Byju, W/o Byju, Nellikkal House,
Velur P.O., Thrissur.
(By Adv. C. Mohanachandran, Thrissur)
Opposite Parties : 1) Himavarsh Kuries (P) Ltd., R.P. Tower,
Pallikkulam Road, East Fort P.O.,
Thrissur.
2) Abi Poovathingal, Chairman of
Himavarsha Kuries Pvt. Ltd., S/o Antony,
Poovathingal House, Thrippakulam Road,
East Fort P.O., Thrissur.
3) George Immatty, Director, Himavarsh
Kuries Pvt. Ltd., S/o Ittiyechan, Immatty
House, Anchery P.O., Thrissur.
4) M.M. Lukose, Director, Himavarsh Kuries
Pvt. Ltd., Madathumpadikkal House,
Paravattani P.O., Thrissur.
5) V.A. Shaju, Director, Himavarsh Kuries
Pvt. Ltd., Vithayathil House, Janatha
Road, Kuriachira P.O., Thrissur.
(By Adv. Jos Mechery, Thrissur for R2 &
R5)
O R D E R
By Sri.P.K.Sasi, President
The case of the complainant is that she has joined in a kuri conducted by the 1st opposite party company started from 23/04/11 with a monthly installment of Rs.5,000/-. She has paid 52 monthly installments without any default and altogether Rs. 2,60,000/- was paid to the kuri. The employee of the opposite parties used to come and collect the installment amounts from the complainant. After the 52nd installment they stopped to come and collect the installments. Then the complainant approached directly to the 1st opposite party company, then it was seemed locked. The kuri is to be terminated on 23/06/2029. Thereafter the complainant contacted the 2nd to 5 opposite parties to get the amounts paid by her but they evaded the complainant by saying some or other reasons. The opposite parties No. 2 to 5 are the directors of the 1st opposite party company. The Act of the opposite parties stopping the kuri without any previous notice or settling the amount already paid by the complainant amounts to deficiency in service as well as unfair trade practice on their part. Hence this complaint is filed.
2) On receiving complaint notice was issued to all the opposite parties. Whereas except the 2nd opposite party all other opposite parties neither appeared before the Forum nor submitted any version. Hence all of them set ex-parte. The 2nd opposite party appeared through the counsel and filed detailed version. According to the 2nd opposite party he was resigned from the 1st opposite party company before 29/09/12 and that was informed to the Registrar of Companies. He was not involved directly or indirectly in any day today affairs of the company thereafter. He further submitted that there is no knowledge for him regarding the kuri joined and conducted by the complainant with the 1st opposite party company. He also submitted that he could not be held liable to pay any kuri amount or compensation to the complainant and prayed for the dismissal of the complaint without cost.
3) Then the case was posted for evidence and the points for consideration was that
1) whether there was no deficiency in service or unfair
trade practice happened on the part of any of the
opposite parties ?
2) if so what cost and relief ?
4) 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 complaint in detail. She also produced 2 documents which are marked as Ext. P1 & P2. Ext. P1 is the kuri passbook and Ext. P2 is the receipt issued from the 1st opposite party company. From the side of contesting opposite party he has appeared before the Forum and submitted counter proof affidavit in which he has affirmed and described all the contentions raised in his version in detail. He also produced 3 documents which are marked as Ext. R1 to R3. Ext. R1 is the copy of Form 32; Ext. R2 copy of winding up order and Ext. R3 is the copy of notice issued by Liquidator. Both sides filed detailed argument notes and we heard in detail also.
5) Since there is no specific denial from the side of contesting opposite party regarding the kuri joined and conducted by the complainant, we are inclined to accept the proof affidavit filed by the complainant. Ext. P1 pass book would go to show that the complainant has joined in 23rd day monthly kuri named Anugrahavarsh vide ticket No.3 and she has paid 52 monthly installments of Rs.5,000/-. Thereby she has paid Rs.2,60,000/- in total towards the kuri. The documents produced by the contesting opposite party would go to show that the 1st opposite party company has already been wound up as per the order of Hon’ble High Court.
Considering all these points we allow this complaint in part by finding that the complainant is entitled to get Rs.2,60,000/- from the 1st opposite party company with a reasonable interest. The complainant is directed to approach the official Liquidator with copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 31st day of October 2017.
Sd/- Sd/- Sd/-
M.P.Chandrakumar Sheena.V.V. P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits
Ext. P1 kuri passbook
Ext. P2 receipt
Opposite Parties Exhibits
Ext. R1 copy of Form 32
Ext. R2 copy of winding up order
Ext. R3 copy of notice issued by Liquidator
Id/-
President
