K.K.Surendran, Babu Tailors, Near Railway Station V/S Sarasammayamma, Vazhavila Veedu,Pozhikkara - Consumer Court Case

Kerala

Kollam

CC/07/152

Sarasammayamma, Vazhavila Veedu,Pozhikkara - Complainant(s)

Versus

K.K.Surendran, Babu Tailors, Near Railway Station - Opp.Party(s)

07 Feb 2008

ORDER

KOLLAM
CONSUMER DISPUTES REDRESSAL FORUM
consumer case(CC) No. CC/07/152

Sarasammayamma, Vazhavila Veedu,Pozhikkara						...........Appellant(s)
Vs.
K.K.Surendran, Babu Tailors, Near Railway Station						...........Respondent(s)

BEFORE:

1. K.VIJAYAKUMARAN ACHARI 2. RAVI SUSHA

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

By ADV. RAVI SUSHA, MEMBER This complaint is filed for getting share certificate benefit and for compensation. Complainants sister has taken a share certificate from A.K.T.A The share holder died on 29.10.2006. As per the condition, after the death of the share holder, the legal heirs will get Rs.5000/- as the benefit of the share. But the complainant who is the Legal heir of the share holder has not received the share benefit. Hence the complainant filed this complaint for getting relief. Opp.party remained absent. Hence he was set exparte. Complainant is examined as PW.1 and marked Ext.P1 to P5. The points that would arise for consideration are: [I] Whether there is any deficiency in service on the side of the opp.party. [ii] Cost and compensation. Points [I] and [ii]: As the opp.party remained absent, we are constrained to rely upon the evidence adduced from the side of the complainant. The complainant could prove her case through the complaint, affidavit, deposition in chief and the Exhibits marked. The complaint was heard. On perusal of the exhibits we find that there is deficiency in service on the part of the opp.party. In the result the complaint is allowed. The opp.party is directed to pay Rs.5000/-as share benefit to the complainant. The opp.party is also directed to pay Rs.1000/- as compensation and cost. The order is to be complied with within one month from the date of receipt of the order. Dated this the 7th day of February, 2008. K. VIJAYAKUMARAN ACHARY: ADV. RAVI SUSHA : I n d e x List of Witnesses for the complainant PW.1. Santhosh Kumar List of documents for the complainant P1. Mmembership card. P2. Share certificate P3. Death Certificate P4. Form 2 P5. Letter dt. 31.3.2007.

By ADV. RAVI SUSHA, MEMBER This complaint is filed for getting share certificate benefit and for compensation. Complainants sister has taken a share certificate from A.K.T.A The share holder died on 29.10.2006. As per the condition, after the death of the share holder, the legal heirs will get Rs.5000/- as the benefit of the share. But the complainant who is the Legal heir of the share holder has not received the share benefit. Hence the complainant filed this complaint for getting relief. Opp.party remained absent. Hence he was set exparte. Complainant is examined as PW.1 and marked Ext.P1 to P5. The points that would arise for consideration are: [I] Whether there is any deficiency in service on the side of the opp.party. [ii] Cost and compensation. Points [I] and [ii]: As the opp.party remained absent, we are constrained to rely upon the evidence adduced from the side of the complainant. The complainant could prove her case through the complaint, affidavit, deposition in chief and the Exhibits marked. The complaint was heard. On perusal of the exhibits we find that there is deficiency in service on the part of the opp.party. In the result the complaint is allowed. The opp.party is directed to pay Rs.5000/-as share benefit to the complainant. The opp.party is also directed to pay Rs.1000/- as compensation and cost. The order is to be complied with within one month from the date of receipt of the order. Dated this the 7th day of February, 2008. K. VIJAYAKUMARAN ACHARY: ADV. RAVI SUSHA : I n d e x List of Witnesses for the complainant PW.1. Santhosh Kumar List of documents for the complainant P1. Mmembership card. P2. Share certificate P3. Death Certificate P4. Form 2 P5. Letter dt. 31.3.2007.

......................K.VIJAYAKUMARAN ACHARI
......................RAVI SUSHA