Kerala

StateCommission

A/15/239

P NARAYANAN - Complainant(s)

Versus

JANAPRIYA KURIES AND LOANS PVT LTD - Opp.Party(s)

UNNIKRISHNAN V

12 May 2016

ORDER

  KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION SISUVIHARLANE VAZHUTHACADU THIRUVANANTHAPURAM

 

APPEAL NO.239/2015

JUDGMENT DATED:12.05.2016

(Appeal filed against the order in CC.No.336/12 on the file of CDRF, Thrissur, order dated : 28.02.2015)

 

PRESENT

 

SHRI.K.CHANDRADAS NADAR  : JUDICIAL MEMBER

 

SMT. SANTHAMMA THOMAS     : MEMBER

 

APPELLANT

 

          P. Narayanan,

          Poovassery House,

 Eravu P.O.,

          Arimboor,

Thrissur – 680620.

 

(By Adv: Sri. Unnikrishnan. V.)

 

                                                                   Vs.

 

RESPONDENTS

 

1. Janapriya Kuries & Loans Pvt. Ltd.,

          R/by Managing Director,

          Head Office Kunnathangadi,

          P.O. Veluthoor, Thrissur – 680012.

 

2.      C. L. Vareeth, Chalissery House,

          P.O. Veluthoor, Thrissur – 680012

 

3. P.V. Chakkapan,

          Pavarattykkaran House,

          P.O. Manakkodi, Thrissur – 680012.

 

         

4. P.D. Rappaid,

Perothukkaran House,

P.O. Chettupuzha, Thrissur – 680012.

 

5. Paul P. Allesu,

S/o. P.O. Allesu,

Paravattykkaran House,

P.O. Manakkodi, Thrissur – 6890012.

 

6. B.I. Ouseph,

Brahmakulam House,

P.O. Eravu, Thrissur – 680620.

 

JUDGMENT

 

SHRI. K. CHANADRADAS NADAR       : JUDICIAL MEMBER

          Appellant was the complainant in CC No.336/2012 in the CDRF, Thrissur.  The complainant subscribed to a kuri conducted by the opposite party.  It is alleged that the complainant bid the kuri in the auction at the 33^rd instalment but the opposite parties failed to release the bid amount. So the complainant approached the consumer forum when there was no response to the notice issued by him through his lawyer.

          2.      Opposite parties 1 and 2 expressed readiness to give the kuri amount.   But they contended that the complainant failed to submit security for the kuri amount and thereby failed to take steps to get the amount.  Opposite parties 4 to 6 contended that they were unnecessary parties to the complaint.  Since opposite parties 2 and 3 are the Managing director and chairman of the kuri company, they are answerable.  The 3^rd opposite party remained exparte before the consumer forum.

          3.      Before the consumer forum no oral evidence was adduced by the parties.  The complainant filed 3 documents and got it marked as Exts.P1 to P3.  The consumer forum as per the impugned order directed opposite parties 1 and 2 to release an amount of Rs.67,000/- with interest @12% per annum to the complainant  but allowed interest only from the date of order.  The complainant felt aggrieved as interest was allowed only from the date of order.  Hence the appeal.

          4.      The claim of the appellant as such is not disputed.  The dispute relates only to the reliefs granted to the complainant appellant.  The consumer forum allowed the appellant to realize interest on the kuri amount from the date of order till date of realization.  On the disclosed facts the consumer forum could have allowed interest from the date of filing the complaint, though it is not necessary to allow interest from the date of bid. Hence the order of the consumer forum can be suitably modified.

 In the result, the appeal is allowed and in modification of the order of the consumer forum dated 28.2.2015 in CC 336/2012 interest is allowed for the kuri amount of Rs.67,000/- @ 12% p.a. from the date of complaint till date of realization.  The parties are directed to bear their respective costs in this appeal.  Opposite parties shall comply with the order within one month from the date of receipt of copy of this order.

 

K. CHANDRADAS NADAR  : JUDICIAL MEMBER

 

SANTHAMMA THOMAS      : MEMBER

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KERALA STATE CONSUMER

 DISPUTES REDRESSAL COMMISSION

 SISUVIHARLANE VAZHUTHACADU

THIRUVANANTHAPURAM

 

APPEAL NO.239/2015

JUDGMENT DATED:12.05.2016

 

 

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