KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU, THIRUVANANTHPAURAM
APPEAL No.974/2003 JUDGMENT DATED: 4.12.2007
PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SMT. VALSALA SARANGADHARAN : MEMBER
Branch Manager, : APPELLANT Kerala State Financial Enterprises, Kottarakara Branch, City Tower Buildings, Near M.G.T.H.S., Kottarakara. (By Adv.P.K.Venugopal) Vs. Manoharan, S/o.Kumaran, : RESPONDENT Charuvila Puthen Veedu, Kalayapuram, Kottarakara, (C.No.6677, Central Jail, Thiruvananthapuram) (By Adv.Anitha Jacob) JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT
The appellant is the opposite party/KSFE in OP.351/2003 in the file of CDRF, Kollam that are under orders to pay a sum of Rs.28,750/- with 9% interest from the date of the termination of chitty and also to pay compensation of Rs.2000/-. 2. The case of the complainant who was the subscriber in chitty No.8/2000 is that he had remitted 10 instalments, altogether Rs.38750/-. He had bid the 8th lot for sum of Rs.1,40,000/-. He could not arrange the sureties as he got imprisoned during the period. After the termination of the period of chitty he applied for withdrawal of the amount deposited. But the opposite party allowed only Rs.54/-. It is the contention that the terms of the chitty did not enable the appellant to deduct that much of amount out of Rs.38750/-remitted. We find that there is no justification for deducting that much of exorbitant amount whatever is mentioned in the variyola. The lower forum has allowed the appellant to deduct Rs.10000/-. Only the balance is ordered to be repaid. We find that there is no scope for interference at all. The appeal is dismissed.
JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT
SMT. VALSALA SARANGADHARAN : MEMBER |