Kerala

Trissur

CC/08/126

Rinu.P.James Rep by father and guardian P.A.James - Complainant(s)

Versus

Janapriya Kuries And Loans Pvt Ltd - Opp.Party(s)

Adv.George Kollannur

21 Oct 2010

ORDER


CONSUMER DISPUTES REDRESSAL FORUMAyyanthole , Thrissur
Complaint Case No. CC/08/126
1. Rinu.P.James Rep by father and guardian P.A.JamesPonmani House,ManakkodiThrissurKerala ...........Appellant(s)

Versus.
1. Janapriya Kuries And Loans Pvt LtdKunnathangadi,Veluthur rep by Mg.Director C.L.Vareeth,Chalissery House,VeluthurThrissurKerala ...........Respondent(s)



BEFORE:
HONORABLE Padmini Sudheesh ,PRESIDENTHONORABLE Rajani P.S. ,MemberHONORABLE Sasidharan M.S ,Member
PRESENT :Adv.George Kollannur, Advocate for Complainant

Dated : 21 Oct 2010
JUDGEMENT

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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 has joined in the 10th day quarterly kuri vide statement No.47. 25 instalments were remitted at Rs.2500/- each. Hence the complainant had remitted Rs.62,500/- up to the 25th instalment dt. 10.2.2004. The respondent discontinued the kuri transaction from 33rd instalment onwards. So the complainant is entitled to get Rs.62,500/- being the amount remitted in the kuri. But the amount has not been refunded to her. The respondent issued a cheque for Rs.40,000/- on 11.9.06 in favour of the complainant. But it was dishonoured as insufficient fund in the account. 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.62,500/- in 25 instalments and the respondents stopped the kuri transaction from 33rd instalment onwards. The complainant is liable to get no 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.62,500/- 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 evidence consists of Ext. P1 only. No evidence has been adduced by the respondent.
 
          5. Points: The complainant’s case is that he had joined in the 10th day quarterly kuri conducted by the respondents. He had remitted Rs.62,500/- in 25 instalments at the rate of Rs.2500/- in each instalments. The respondents discontinued the kuri transaction from 33rd instalments onwards and the amount remitted in the kuri has not been returned. So the complainant is entitled to get back Rs.62,500/- 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 complainant. It is perused. All the 25 instalments were recorded in the passbook. At the same time the respondent failed to prove that the kuri instalments were continued beyond 33 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 21st day of October 2010.

[HONORABLE Rajani P.S.] Member[HONORABLE Padmini Sudheesh] PRESIDENT[HONORABLE Sasidharan M.S] Member