The case of the complainant is that he was a subscriber of a Kuri conducted by the respondents and which was commenced on 9/10/99. The kuri was 9^th day monthly kuri and the class category was ‘Thriveni’ and the serial No. was 64. The monthly subscription was Rs.1000/- having 60 instalments and four division. The prized amount was Rs.50,000/- and the foreman commission fixed was Rs.3000/-. The kuri was terminated on 9/9/04. Due to the improper functioning of the business the complainant was not able to remit the balance kuri amount and the remitted amount not returned also. Hence this complaint.

 

            2. The counter of 5^th respondent in brief is as follows:

The averments in the petition is partly correct. The petitioner had subscribed for Thriveni 64 kuri and had paid so far an amount of Rs.32,457/- and thereafter defaulted the kuri from 9/12/03. He has paid only 51 instalments. He is a defaulter and as he is a defaulter foreman commission is to be also deducted from the amount actual paid. The petitioner has not suffered any loss as there is no deficiency in service. It is an unadulterated lie to say that the firm was not conducting kuri properly. The petitioner had defaulted the kuri on his own. Though the amount actually paid less foreman commission is due only on 9/9/04 and the petitioner had orally given 6 months to pay the amount the OP is premature. The petitioner cannot claim any compensation. The firm is still in good shape and operation. The petitioner is not entitled for damages as there is no damage. The amount claimed is incorrect. Hence dismiss. 

 

3.The other respondents adopted the counter filed by 5^th respondent and filed statements.

 

            4. The points for consideration are:

1) Is there any deficiency in service ?

2) If so reliefs and costs ?

 

            5. The evidence consists of Exhibit P1 and Exhibits R1 to R3.

 

            6. Points: The definite case of complainant is that he was a subscriber of the ‘Thriveni’ 64 kuri conducted by the respondents and paid an amount of Rs.51,000/-. According to the complainant he had paid only 51 instalments and the balance had not remitted due to the improper functioning of the respondent firm. So he prayed to get the remitted amount with interest. The respondent No.5 filed a counter and others adopted the counter filed by him.   According to them the complainant was a defaulter and there was default from 9/12/03. The respondents further stated that since he is a defaulter foreman commission is to be also deducted from the amount actual paid. According to the respondent the complainant paid Rs.32,457/- and he is entitled to that amount after deducting the foreman commission. This defence not sustainable. The complainant had remitted 51 instalments and the monthly subscription was Rs.1000/-. The complainant has to pay the balance money only after the dividend. It is the right of subscribers to get the benefit of dividend and the subscribers had to pay only the balance amount. So the calculation of the respondent is wrong and the complainant is entitled to get Rs.51,000/- that is the amount of 51 instalments.

 

            7. The respondent company has filed three documents and are marked as Exhibits R1 to R3. R1 and R2 are the pass books of other subscribers of Thriveni kuri and show that they had terminated the kuri by paying the entire instalments.  But the genuineness of the documents is doubtful because those are produced by the respondent company itself and sufficient possibility of fabrication. The subscribers are not brought to prove the genuineness and the marking of document does not mean that it is admissible in evidence. So the Exhibits R1 and R2 are not reliable.

 

            8. Another view taken by the respondents are their right for foreman commission. In the circumstances of the case the respondent company is entitled for foreman commission.

 

            9. In the result complaint is allowed and the respondents are directed to pay an amount of Rs.51,000/- (Rupees Fifty one thousand only) with interest at the rate of 12% per annum from the date of complaint till realization. Out of Rs.51,000/- the respondent company is entitled for the foreman commission also. Comply the order within two months.

 

            Dictated to the Confdl. Asst, transcribed by her, corrected by me and pronounced in the open Forum this the 4^th day of February 2009.