New Kannapuram Chities Pvt Ltd V/S K. K. Ravi - Consumer Court Case

Kerala

Trissur

op/04/1039

K. K. Ravi - Complainant(s)

Versus

New Kannapuram Chities Pvt Ltd - Opp.Party(s)

K. F. Pappachan

30 Jun 2008

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. op/04/1039

K. K. Ravi						...........Appellant(s)
Vs.
New Kannapuram Chities Pvt Ltd New Kannapuram Chities Pvt Ltd						...........Respondent(s)

BEFORE:

1. Padmini Sudheesh 2. Rajani P.S.

Complainant(s)/Appellant(s):

1. K. K. Ravi

OppositeParty/Respondent(s):

1. New Kannapuram Chities Pvt Ltd 2. New Kannapuram Chities Pvt Ltd

OppositeParty/Respondent(s):

1. K. F. Pappachan

OppositeParty/Respondent(s):

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ORDER

By Smt. Padmini sudheesh, President The case of the petitioner is : Petitioner was a subscriber of Kuri and he had joined a Kuri by statement No.8 from 6/5/02 onwards and the monthly instalment was Rs.500/-. An amount of Rs.4,500/- paid by the petitioner. The pass book and the receipts were not issued by request also. Subsequently on 9th month the petitioner auctioned the Kuri for Rs.12,000/- and furnished two sureties. But the respondent firm did not provide the amount. On 26/6/04 first respondent sent a letter to the petitioner demanding the payment of money. But the amount is due to the petitioner. Hence this complaint for returning the paid amount and interest. Respondent filed counter as follows: 2. Petitioner was a subscriber and pass book was issued. He has auctioned the Kuri, but no sureties were furnished . If sufficient sureties are furnished, the firm is ready to pay money. After the auction no amount was paid by the petitioner. Hence dismiss. 3. The points for consideration are : 1)Whether the petitioner is entitled for the amount prayed? 2) Reliefs and costs? 4. No oral or documentary evidence on either side. 5. According to the petitioner he is entitled to get back from the respondent the Kuri amount remitted by him. From 6/5/02 onwards he paid the amount and the total amount paid is Rs.4,500/-. He prayed for that amount and the interest. In the counter the respondent never denied this fact. He is stated that the petitioner has auctioned the Kuri and sufficient sureties are not furnished. The claim of the petitioner is not disputed. 6. In the result the petition is allowed and the respondent is directed to return the amount of Rs.4,500/- with 12% interest from 6/5/02 and 6% interest from today till realization. No order as to compensation. He is also directed to pay Rs.500/- towards costs. Comply the order within one month. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open forum this the 30th day of June 2008.

By Smt. Padmini sudheesh, President The case of the petitioner is : Petitioner was a subscriber of Kuri and he had joined a Kuri by statement No.8 from 6/5/02 onwards and the monthly instalment was Rs.500/-. An amount of Rs.4,500/- paid by the petitioner. The pass book and the receipts were not issued by request also. Subsequently on 9th month the petitioner auctioned the Kuri for Rs.12,000/- and furnished two sureties. But the respondent firm did not provide the amount. On 26/6/04 first respondent sent a letter to the petitioner demanding the payment of money. But the amount is due to the petitioner. Hence this complaint for returning the paid amount and interest. Respondent filed counter as follows: 2. Petitioner was a subscriber and pass book was issued. He has auctioned the Kuri, but no sureties were furnished . If sufficient sureties are furnished, the firm is ready to pay money. After the auction no amount was paid by the petitioner. Hence dismiss. 3. The points for consideration are : 1)Whether the petitioner is entitled for the amount prayed? 2) Reliefs and costs? 4. No oral or documentary evidence on either side. 5. According to the petitioner he is entitled to get back from the respondent the Kuri amount remitted by him. From 6/5/02 onwards he paid the amount and the total amount paid is Rs.4,500/-. He prayed for that amount and the interest. In the counter the respondent never denied this fact. He is stated that the petitioner has auctioned the Kuri and sufficient sureties are not furnished. The claim of the petitioner is not disputed. 6. In the result the petition is allowed and the respondent is directed to return the amount of Rs.4,500/- with 12% interest from 6/5/02 and 6% interest from today till realization. No order as to compensation. He is also directed to pay Rs.500/- towards costs. Comply the order within one month. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open forum this the 30th day of June 2008.

......................Padmini Sudheesh
......................Rajani P.S.