KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSIN VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL NO.43/2007 JUDGMENT DATED: 27/8/2008 PRESENT:- JUSTICE SRI.K.R.UDAYA BHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER M/sSakthan Kuries & Loan (P) Ltd., Pallikulam Road, thrissur-680 001, : APPELLANT represented by its Chairman. (By Adv.M.Nizamudeen) Vs 1.Neena, W/o.M.J.Alex, Manjaly House, Unity Road, Kuriachira, Thrissur. 2. Ajay Manjaly (Minor), : RESPONDENTS S/o.M.J.Alex, residing at do.do. 3. Bijay Manjaly, S/o.M.J.Alex, residing at do. Do. JUDGMENT JUSTICE SRI.K.R.UDAYA BHANU : PRESIDENT The appellant is the opposite party in OP233/03 in the file of CDRF Thrissur. The appellant is under orders to pay a sum of Rs.72,214/- with interest at 12% from 15/4/2000 till realization and cost of Rs.1,5000/-. 2. It is the case of the complainants that Mr.M.J.Alex, husband of the 1st complainant and the father of the 2nd and 3rd minor complainants are missing from 30/9/97 and that Mr.Alex was the subscriber of a monthly kuri with the opposite parties having 60 monthly instalments of Rs.5000/- with a sala of Rs.2,50,000/-. Mr.Alex had remitted 29 instalments which would workout to Rs.1,45,000/-. The kuri was terminated on 15.4.00. The appellants have refused to pay the amounts deposited. 3. The appellants had filed version alleging that the complainant had actually deposited only Rs.92,714/- and that is not entitled for dividend etc.. The foreman commission would work out to Rs.26,500/-. The appellant is ready to repay the amount on production of succession certificate. They had also requested for the consent letter of Mr.Alex. 4. The evidence adduced consisted of Exts.P1 to P7 and R1. 5. The Forum has rejected the contention that the complaint is barred by limitation. Relying on the precedents the Forum has held that the cause of action arise in a particular case only from the date of demand and held the point in favour of the complainant. It is the case of the complainant that they were constantly consequently requesting for the amount. In the circumstances we find that the finding in this regard is not to be disturbed. 6. It is pointed out that there is a mistake in calculation in the order of the Forum and that the actual amount deposited is only Rs.92,714/- which is mentioned in the version. The Forum has mistaken the same as Rs.98,714/-. Hence the actual amount due after deducting the foreman commission would workout to Rs.66,214/-. 7. On a perusal of the version we find that the case of the appellant in this regard is correct. Hence the order of the Forum in this regard is modified to the effect that the complainant will be entitled only for Rs.66,214/-. 8. The order of the Forum is modified directing the appellants/opposite parties to pay to the petitioners a sum of Rs.66,214/- with interest at 12% from 15/4/2000, the date of termination of the kuri till realization and cost of Rs.1,500/- on the production of Legal Heirship Certificate by the complainants. The amounts are to be paid within 2 months from the date of production of the Legal Heirship Certificate failing which the interest to be paid will be at 18% from today. In the result the appeal is allowed in part. JUSTICE K.R.UDAYA BHANU : PRESIDNT VALSALA SARANGADHARAN : MEMBER PK.
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN | | 
