Kerala

Trissur

CC/07/88

Pauly.T.D. - Complainant(s)

Versus

M.S.Dharmavilasam Company Pvt Ltd.Puthenpeedika - Opp.Party(s)

N.K.Shridharan.

12 May 2008

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/07/88

Pauly.T.D.
...........Appellant(s)

Vs.

M.S.Dharmavilasam Company Pvt Ltd.Puthenpeedika
...........Respondent(s)


BEFORE:
1. Padmini Sudheesh 2. Rajani P.S.

Complainant(s)/Appellant(s):
1. Pauly.T.D.

OppositeParty/Respondent(s):
1. M.S.Dharmavilasam Company Pvt Ltd.Puthenpeedika

OppositeParty/Respondent(s):
1. N.K.Shridharan.

OppositeParty/Respondent(s):




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ORDER

By Smt. Padmini Sudheesh, President: Petitioner’s case is as follows: 1. Petitioner was the subscriber of the kuries bearing the Nos.196 and 199 of the 26th day kuri being conducted by the respondent. Kuri subscription fell in arrears. Towards 78th instalment in the kuries 196 and 199, on payment of money the respondent issued receipt. For the actual amount the petitioner has to pay is Rs.631/- to 78th instalment and Rs.625/- to 79th instalment. Similarly for the 199th ticket number the amount, he has to pay is Rs.631.25 plus Rs.625/-. But the respondent has taken Rs.3843.75 for each kuries bearing the Nos.196 and 199. Instead of taking Rs.2512/- the respondent has collected Rs.3843 + Rs.3843/- totaling Rs.7686/-. There is an over collection of Rs.5174/-. Lawyer notice sent, but no reply, no remedy. Hence this complaint. 2. The respondent willfully refused the notice from the Forum. So far not appeared before the Forum and no counter filed and no representation also. So on 8.4.08 the petitioner is directed to file exparte affidavit. 3. To prove the case of the petitioner, he has filed affidavit and six documents. The documents are marked as Exts. P1 to P6. 4. Heard the Counsel. 5. In the complaint the complainant asked for the relief of refund of the amount which is over collected from him and also costs and compensation. There is no counter evidence. 6. So the petition is allowed and the respondent is directed to pay back Rs.5174/- (Rupees five thousand one hundred and seventy four only) with interest at the rate of 12% per annum from 15.6.05 and 6% from today till realisation and also costs of Rs.500/- (Rupees five hundred only) to the petitioner. Time for compliance one month. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 12th day of May 2008.




......................Padmini Sudheesh
......................Rajani P.S.