By Sri. M.S. Sasidharan, Member: The complainant’s case is that he joined in the 10th day quarterly kuri conducted by the respondent vide statement No.90. He had bid the kuri in auction and deposited Rs.50,000/- on 21.12.2001 at 13% interest for future liabilities vide receipt No.401/01. The complainant remitted 32 instalments at Rs.2500/- each. But the respondent stopped the kuri transaction on 33rd instalment dt. 10.2.2006 onwards. The complainant had to remit Rs.36,900/- in 18 instalments at that time. At the same time he was entitled to get Rs.68,959/- as deposited amount and its interest at 13% from 31.3.05 onwards. Hence after deducting future liabilities of Rs.36,900/-the complainant is entitled to get back Rs.32,059/-. But the amount has not been returned in spite of repeated requests. Hence the complaint. 2. In the counter it is admitted that the complainant has joined in the kuri. But it is not true that the complainant has bid the kuri in auction and deposited the mount in the respondent Company and also it is not true that that the respondents discontinued the kuri transaction on the 33rd instalment dt. 10.2.2006 onwards. The complainant is not entitled to get any amounts. The complainant has defaulted the kuri instalments. So the complainant is entitled to get any amount after deducting the defaulted amount with interest after the termination of the kuri. Hence the complainant is not entitled to get Rs.32,059/- as claimed and the complaint is liable to be dismissed. 3. The points for consideration are: (1) Is the complainant entitled to get the back the amount he claimed? (2) Other reliefs and costs. 4. The evidence consists of Exts. P1 and P2. No evidence has been adduced by respondents. Both of them submitted no oral evidence. 5. Points: The complainant’s case is that he joined in the 10th day quarterly kuri conducted by the respondents. He had bid the kuri in auction and deposited Rs.50,000/- on 21.12.2001 at 13% interest for future liabilities. The complainant has remitted 32 instalments at Rs.2500/- each. After that the respondent discontinued the kuri transactions on the 33rd instalments onwards. The complainant had to remit Rs.36,900/- in 18 instalments. At the same time he was entitled to get back Rs.68,959/- as the deposited amount and its interest. So the complainant had to get back Rs.32,059/- when deducting the future liabilities. The respondent admits that the complainant has joined in the kuri. But he denied that the kuri was bid in auction by the complainant and the deposit made by him. The respondent has stated that the complainant has defaulted the kuri instalments. So the complainant is only liable to get any amount after deducting the future liabilities with interest after the termination of the kuri. 6. Ext. P1 is the kuri passbook in the name of the complainant. It is perused. The remittances of 32 instalments are recorded in it. And the ‘auctioned’ seal is also seen. Ext. P2 shows that Rs.50,000/- was received and pledged for kuri amount for a period of 60 months at the rate of 13% interest . The respondent has produced no evidence in support to his claim that the complainant has defaulted the kuri. Hence the complainant is entitled to get back the deposited amount with interest after deducting the liabilities which he had to pay in the future instalments. 7. In the result, the complaint is allowed and the respondent is directed to pay to the complainant Rs.32,059/- (Rupees thirty two thousand and fifty nine only) with interest at the rate of 9% per annum from the date of complaint till realization with 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 14th day of October 2010.
| | [HONORABLE Rajani P.S.] Member[HONORABLE Padmini Sudheesh] PRESIDENT[HONORABLE Sasidharan M.S] Member | | 
