Kerala

StateCommission

A/08/1

Santhosh - Complainant(s)

Versus

N.Vijayan - Opp.Party(s)

S.Abdul Khader Kunju

21 Aug 2008

ORDER


.
CDRC, Sisuvihar Lane, Sasthamangalam.P.O, Trivandrum-10
Appeal(A) No. A/08/1

Santhosh
Venu
Sasidaran		 ...........Appellant(s)

Vs.

N.Vijayan
President,The Araya Vamshodharana Karayogam 		...........Respondent(s)


BEFORE:
1. JUSTICE SHRI.K.R.UDAYABHANU 2. SMT.VALSALA SARNGADHARAN

Complainant(s)/Appellant(s):
1. Santhosh 2. Venu 3. Sasidaran

OppositeParty/Respondent(s):
1. N.Vijayan 2. President,The Araya Vamshodharana Karayogam

For the Appellant :
1. S.Abdul Khader Kunju 2. S.Abdul Khader Kunju 3. S.Abdul Khader Kunju

For the Respondent :
1. 2.



ORDER

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KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACADU, THIRUVANANTHPAURAM
APPEAL 1/2008
JUDGMENT DATED: 21.8.08
PRESENT
JUSTICE SRI.K.R.UDAYABHANU                        : PRESIDENT
SMT.VALSALA SARANGADHARAN              : MEMBER
 
1. Santhosh Kumar S/o Bhaskaran                        : APPELLANTS
    Veliyil Veedu,
     Komana, Ambalapuzha.
2. Venu,
     S/o Chinnappan,
     Hare Krishna,
     Komana,
     Ambalapuzha.
3. Sasidharan, S/o Padmanabhan, Veliyil veedu,
    Komana,
     Ambalapuzha.
(By Adv.S.Abdul Khader Kunju)
            Vs.
 
1. N.Vijayan @ Vijayan Pillai,                               :RESPONDENTS
     Geetha vihar, Komana,
     Ambalapuzha.
(By Adv.M.Nizamudeen)
2. The Araya Vamsodharana Karayogam,
     Komana, Ambalapuzha,
     Represented by its President.
(By Adv.V.S.Bhasurendran Nair)
 
JUDGMENT
 
 
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
 
The appellants are the opposite parties 1 to 3 the then office bearers of the 4th opposite party All the opposite parties are under orders to pay a sum of Rs.87,000/- with 12% interest from 4.6.06 and also to pay compensation of Rs.2000/- and cost of Rs.1000/-.
2. It is the case of the complainant that he remitted a sum of
Rs.87,000/-in the Investment Scheme of the opposite parties, in various instalments. It is his complaint that the amounts were not returned with interest on the due date.
3. The opposite parties were ex parte in the proceedings before the Forum. It is their case herein that the counsel did not inform them of the posting dates. The complainant had filed proof affidavit and Ext.A1 to A4 series of documents were marked.
          4. It is the case of the appellants herein that they are not the office bearers right now and that the office bearers at the time of the filing the complaint were not impleaded.    Their grievance is confined to the fact that they are also liable to be pay   jointly and severally along with 4th respondent institution represented by its Secretary. We find that the appellants cannot be totally absolved of liability as it appears that the scheme was lodged perhaps at the time when they were the office bearers.
          As agreed to by counsel appearing for both sides the order of the Forum is modified to the effect that the execution is to be initiated at first against 4th opposite party and only in case the amount could not be realised the proceedings are to be launched against the appellants. With the above modifications the order of the Forum is sustained.
          Appeal is disposed of accordingly.
 
 
JUSTICE SRI.K.R.UDAYABHANU        : PRESIDENT
 
 
SMT.VALSALA SARANGADHARAN : MEMBER
 



......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN