KERALA STATE CONSUMER DISPUTES             REDRESSALCOMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL . 767/2004

DATED 30.10.2010

PRESENT:-

       JUSTICE SHRI.K.R.UDAYABHANU         :    PRESIDENT

      SHRI. M.K. ABDULLA SONA                    :    MEMBER

 APPELLANT

The Catholic Syrian Christian Co. Ltd.,

Represented by its Managing Director,

Paul, S/o Joseph,

Kanjani, Thrissur.

                  (Rep. by Adv.  Sri. R.S. Kalkura)

                                                Vs                          

   RESPONDENT

   K.K. Gangadharan,

   Karayil House, Veluthoor P.O.,

  Thrissur.

                               (Rep. by Adv. Sri. K. Jayachandran &

                                                        Biju P.Raman)

JUDGMENT DATED 30.10.2010

JUSTICE SHRI.K.R.UDAYABHANU          :  PRESIDENT

The appellants are the opposite parties in O.P. 883/2002 in the file of CDRF, Thrissur.   The appellants are under orders to pay a sum of Rs. 12,964/- to the complainant with interest @ 12% per annum from 18.07.2002 and also to pay Rs. 1,000/- as compensation and Rs. 700/- as costs. 

          The case of the complainant is that he had joined in Chitty No. 29 of the opposite party having 48 installments @ Rs. 400/- and a sala of Rs. 19,200/- and  that chitty ends on 7.3.2002.  On the 4^th installment, the complainant auctioned the Chitty at a discount of Rs. 5,000/- He is entitled for a sum of Rs. 11,000/- with interest @ 12% from 18.07.2002. 

          The opposite parties had contented that the complainant is liable to pay a sum of Rs. 12,860/- to the opposite party as per the order of the Munsif Court, Thrissur in O.S. 2814/86 and E.P. 839/2002.  The above fact has been suppressed in the complaint. 

The evidence adduced consists of Exts. P1 to P6 and R1 to R6.                 

It is submitted by the Counsel for the appellant that even the claim of the complainant was only for Rs. 11,000/- whereas the Forum has ordered to pay a sum of Rs. 12,964/- Further it was contented that Para 17 of Ext. P1, Pass book contained the agreement with respect to the Foreman’s lean.  It was contented that as per Para 17 of Ext. P1 Pass book, the Foreman is entitled to enforce the lean with respect to the existing dues.  Para 17 provides that the Foreman has got the right to deduct the amounts due to the Foreman.  The R1 to R6 documents produced with respect to the proceedings at the  Munsif Court, Thrissur  would show that the two EPs filed to get execute the order in O.S. 2814/86 was dismissed  on the ground of limitation.   The inability to execute the order will not disentitle the opposite party from retaining the amount due to the complainant.  It has also to be noted that it is contented by the appellant/opposite party that the complainant has remitted only a sum of Rs. 1,254.30 ie. the amount due after dividend for 4 installments which fact is vouchsafed by Ex. P1 entries.  It is not evident from the proceedings of the Forum as to whether the complainant has remitted the subsequent installments.  It has also to be noted that the complainant has not filed any re-jointer disputing the allegations as to the amounts due to the opposite party raised in the version filed. In the light of all these circumstances we find that the order of the Forum cannot be sustained.  Hence the order of the Forum is set aside and the appeal is allowed.

          The office will forward the LCR to the Forum along with the copy of this order.

        JUSTICE .K.R.UDAYABHANU          :  PRESIDENT

 M.K. ABDULLA SONA                    :  MEMBER

ST