KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM FIRST APPEAL:694/2009 JUDGMENT DATED:01..03..2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT Salvation Chitties (Pvt) Ltd, Rep. by Managing Director, : APPELLANT Regd. Office, Rice Bazar, Thrissur. (By Adv: Sri.S.Reghukumar) Vs. M.B.Ushendran, Meledath House, : RESPONDENT P.O.Venkitangu, Thrissur. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT The appellant is the opposite party in CC:525/06 in the file of CDRF, Thrissur. The appellant is under orders to pay a sum of Rs.86000/- with interest at 12% per annum from 8/11/2005 with cost of Rs.1000/-. 2. The case of the complainant is that he was a subscriber in the chitty conducted by the opposite parties. The monthly instalment was Rs.2000/-. He had remitted 43 instalments. It is contended that the complainant was not permitted to remit the further instalments on the ground that the complainant’s ticket has become lapsed for non payment of the instalments. He has sought for return of the amount alleging unfair trade practice. 3. It is contended by the opposite parties that at the time of taking the lot the complainant had defaulted 5 consecutive instalments. Hence the complainant’s ticket has become lapsed and the same has been recorded in the passbook. It is denied that the complainant is entitled for Rs.86,000/-. 4. The evidence adduced consisted of Exts.P1 and P2 and R1 to R6. 5. On an examination of Ext.P1 passbook it is seen that the complainant would be entitled for return of the amount less Forman’s Commission after the termination of the chitty. As per the passbook since the 43rd instalment dated:8/11/2005 he has not remitted the monthly instalments. It is admitted that the kuri terminated on 8/1/2007. Hence we find that the complainant would be entitled for the amounts remitted less the Forman’s Commission. Hence the order of the Forum is modified as follows:- “The complainant would be entitled for Rs.86,000/- minus Rs.7730/- the Forman’s Commission =Rs.78270/-. The complainant would also be entitled for interest at 12% per annum on the above amount from 8/1/2007. The complainant would also be entitled for cost of Rs.1000/-. The amounts are to be paid within 3 months from the date of receipt of this order failing which the complainant would be entitled for interest at 15% on the due amount from today”. In the result the appeal is allowed in part as above. The office is directed to forward the LCR to the Forum urgently. JUSTICE K.R.UDAYABHANU: PRESIDENT VL. | 
