By Sri.M.S.Sasidharan, Member
The complainants case is that the 1st complainant’s husband and the father of 2nd and 3rd complainants Sri.Lonappan had subscribed 10 naruks in the 9th day monthly kuri conducted by the respondents. The kuri numbers were 91,92,93,94,95,131,132,133,134 and 188. Sri.Lonappan had remitted 23 instalments at the rate of Rs.600/- each. Since the respondent kuri company stopped functioning he could not remit further instalments. Sri.Lonappan died on 4/4/2004. The complainants requested to refund the amounts many times. But the amount has not been returned. A lawyer notice was also issued. But there was no remedy. Hence the complaint filed.
2. The respondents have stated in their counter that complainants did not produce and documents to prove that they were the legal heirs of deceased Lonappan and the complainants have not remitted any amount. The respondents are not liable to pay any amount to the complainants.
3. Points for consideration are :
1) Are the complainants entitled to get the amount claimed ?
2) Other reliefs and costs ?
4. Evidence consists of Exhibits P1 to P10 and the oral testimony of PW1. The respondents have no evidence to adduce.
5. The complainants case is that Sri.Lonappan, the 1st complainant’s husband and the father of 2nd and 3rd complainants had subscribed 10 naruks in the 9th day kuri conducted by the respondents. He had remitted 23 instalments at the rate of Rs.600/- each in the kuri. Since the respondents kuri company stopped functioning he could not remit further instalments. Meanwhile Sri.Lonappan died on 4/4/2004. The respondents did not refund the amount inspite of several requests. The complainants claim that they are entitled to get Rs.1,38,000/- with interest. The respondents raised the contention that the complainants have not produced any documents to prove that they are the legal heirs of the deceased Lonappan and the real persons were not impleaded in the complaint.
6. Exhibits P1 to P10 are the pass book in the name of Lonappan. The remittance of 23 instalments were recorded in all these pass books. The respondents did not disputed the remittance. While cross questioning PW1 has disposed that
The date of last remittance is recorded as 9/2/04 all these pass books. Except 23rd remittance all the other remittances are sealed. The respondents have not stated that the kuri transactions were continued after the 23rd instalment and no evidence produced in this regard. Since the respondents have not disputed the remittance in all these 10 kuries, they are liable to refund the amount shown in Exhibit P1 to P10 passbooks.
7. In the result complaint is allowed and the respondents are directed to return the complainants the amount stated in the Exhibits P1 to P10 pass books with 9% interest from 10/2/04 till realization with costs Rs.1,000/- within two months from the date of receipt of copy of this order.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 22nd day of February 2012.
