By Sri. M.S. Sasidharan, Member: The complaint is filed to get back the amount remitted in the kuri conducted by the respondents. The case is as follows: The complainant’s husband late Sri. P.V. Antony has joined in the 10th day quarterly kuri vide statement No.1. 32 instalments were remitted at Rs.2500/- each. Hence the complainant’s husband had remitted Rs.80,000/- up to the 32nd instalment dt. 10.11.2005. The respondent discontinued the kuri transaction from 33rd instalment onwards. So the complainant is entitled to get Rs.80,000/- being the amount remitted in the kuri. But the amount has not been refunded to her. Hence the complaint. 2. The counter is that the complainant had joined in the kuri. But it is not true to say that he had remitted Rs.80,000/- in 32 instalments and the respondents stopped the kuri transaction from 33rd instalment onwards. The complainant is not entitled to get any amounts. The complainant has defaulted the kuri instalments. If any amount has to be refunded to her after deducting the defaulted amount and interest, he is liable to get it only after the termination of the kuri. So the complainant is not liable to get Rs.80,000/- as claimed. Hence dismiss the complaint. 3. The points for consideration are: (1) Is the complainant entitled to get the amount remitted in the kuri? (2) Other reliefs and costs. 4. The kuri passbook is marked as Ext. P1. No evidence has been adduced by the respondent. 5. Points: The complainant’s case is that her husband late Sri. P.V.Antony had joined in the 10th day quarterly kuri conducted by the respondents. He had remitted Rs.80,000/- in 32 instalments at the rate of Rs.2500/- in each instalments. The respondents discontinued the kuri transaction from 32nd instalments onwards and the amount remitted in the kuri has not been returned. So the complainant is liable to get back Rs.80,000/- with interest. The respondents admitted that the complainant had joined in the kuri. But they have stated in their version that the complainant defaulted the kuri instalments. So the complainant is entitled to get any amount after deducting the defaulted amount with interest as per the kuri passbook after the termination of the kuri. Ext. P1 is the kuri passbook in the name of Sri. P.V. Antony. It is perused. All the 32 instalments are recorded in the passbook. At the same time the respondent failed to prove that the kuri instalments were continued beyond 32 instalment. So the complainant is entitled to get back the amount remitted in the kuri. 6. In the result, the complaint is allowed and the respondent is directed to pay the Ext. P1 amount 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 | | 
