Present:  1. P.K. Sasi, President.

                                          2. Smt.Sheena.V.V., Member.

                                          3. Sri. M.P. Chandrakumar., Member.

                                                                       28^th day of February 2015

                                            C.C.336/12  filed on 25.7.12

Complainant:         P. Narayanan, Poovvassery (H), Eravu P.O., Arimboor, Thrissur.

(By Adv. A.D. Benny)

Opposite Party:     1. Janapriya Kuries & Loans Pvt. Ltd., Rep. Managing Director,

    Head Office Kunnathangadi, P.O. Veluthoor, Thrissur.

2.  C.L. Vareeth, Chalissery (H), P.O.Veluthoor, Thrissur.

(By Adv. C.J Varghese)

3.  P.V. Chakkappan, Pavarattykkaran (H), P.O. Manakkodi,
               Thrissur.

4.  P.D. Rappai, Porathukkaran  (H), P.O. Chettuppuzha,                          

     Thrisur.

5.  Paul P. Allesu, S/o. P. O. Allesu, Pavarttykkaran (H), P.O.

      Manakkodi.

6.  B.I. Ouseph, Brahmakulam (H), P.O. Eravu, Thrissur.

(By Adv. Shiny Joseph)

O R D E R

By Smt.Sheena.V.V., Member.

          The complainant was the subscriber of the 7^th day pooval kuri as per statement No.2 conducted by opposite parties.  It was auctioned on 2011 August in 33^rd instalment.  But opposite parties had not given the auctioned amount.  So, he sent a lawyer notice on 9.5.2012 for demanding the kuri amount.  They never respond positively.  Hence the complaint.

          2.  The counter averments of 1^st and 2^nd opposite parties are that the company was ready to give the kuri amount at any time.  But, the complainant did not take any steps to receive the kuri amount by submitting any security.

          3.  The version of 4^th to 6^th opposite parties are that these opposite parties are an unnecessary party to the complaint.  2^nd and 3^rd opposite parties are Managing Directors and Chairman.  So, they are liable to pay the amount. The complaint against these opposite parties are not maintainable.  Hence dismiss.

          4.  3^rd opposite party remained absent and no version filed.  So set exparte.

          5.  The complainant filed 3 documents and no oral evidence adduced.  The documents marked as Exhibits P1 to P3.  Even the respondents filed their own version, no evidence adduced by them.  By supporting the evidence of complainant, 1^st and 2^nd opposite parties had filed a statement that they are ready to pay RS.67000/- to the complainant. Since there is no evidence adduced by opposite parties and the documents filed by complainant remained unchallenged no discussion is necessary on the points put forward by complainant.  On the basis of the statement filed by 1^st and 2^nd opposite parties they had took up responsibility to the amount.  So, the complaint is liable to be dismissed against 3^rd to 6^th opposite parties.

          6.  In the result, the complaint is allowed and 1^st and 2^nd opposite parties are directed to return an amount of Rs.67000/- (Rupees Sixty seven thousand only) with interest at the rate of 12% per annum from the date of order till realization within one month from the date of receipt of copy of this order.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this 28^th day of February 2015.

      Sd/-                                             Sd/-                                            Sd/-     

M.P. Chandrakumar                       Sheena V.V.                              P.K. Sasi                                                                                       

        Member                                   Member                                    President

                                      Appendix

Complainant’s Exhibits:

Ext. P1 – Kuri pass book

Ext.P2 –copy of lawyer notice

Ext. P3 –Acknowledgment card

Id/-

Member