KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

APPEAL NO.191/11

JUDGMENT DATED 10.6.2011

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

SHRI.S.CHANDRAMOHAN NAIR                    --  MEMBER

1.      M/s.Thiruvonam Chitties & Loans,

Moonnupeedika PO, Kaipamangalam,

Reptd. by its proprietor,

Viswanathan.                                             --  APPELLANTS

2.      Viswanathan.P. S/0 Pattali Raman

          Ethai PO, Engandiyoor,

          Thrissur.                                                                       

             (By Adv.M.S.Nizar)

                   Vs.

P.M.Abdul Rahiman,

Walkers Shoe Market,                                        --  RESPONDENT

Temple Road, Thrippayar Jn;

Thrissur.

JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

          The appellants are the opposite parties in OP.33/01 in the file of CDRF, Thrissur.  The appellants are under orders to repay Ext.P1 series of amounts  to the complainant with interest at 9% per annum from the date of complaint till realization and cost of Rs.500/-.

          2. The case of the complainant is that he was a subscriber in the 2 chitties conducted  by the opposite parties with a sala of Rs.1 lakh and 50 instalments of  Rs.2000/-.  One kuri was in the name of the minor son of his brother-in-law.  The amounts used to be collected from the business establishment of the complainant.  He had auctioned kuries at 31^st instalment on 30.8.99.  The kuri commenced  on 28.1.97   He auctioned the kuri with a discount of 35%.  According to him, he has remitted Rs.1,69,360/-.  After auctioning of  the kuri, it was found that the office of the opposite party has been closed.  He has not received any amount.  The amounts paid are noted in the pass book.  He has sought for return of the amount paid with compensation of Rs.25,000/- and costs.

          3. The opposite parties have filed version disputing the case that the complainant has joined kuri in the name of Shajumon, the minor.  The opposite parties have also denied the alleged   remittances.  The opposite parties have challenged the complaint   to produce the pass books.  According to the opposite parties, the complainant has received the amount after auctioning.  After receiving the amount, office of the opposite parties have been broken upon and relevant files destroyed by setting fire.  According to the opposite parties, they have filed  a police complaint.   After fully convinced of the fact that the opposite parties  would not be able to produce any documents   the complainant has filed a present complaint.

          4. The evidence adduced consisted of the testimony of PW1, RW1,  Exts. P1 series and P1 (a).

          5. It is mentioned in the order of the Forum that the minor attained majority during the pendency of the case.  The above person Shajumon filed application to get impleaded and the same was dismissed.  The Forum has rejected the case with respect to the kuri in the name of Shajumon.  The Forum has only ordered to repay the amounts covered by Ext.P1 series of passbooks.   

          6. There was no representation for the respondent/complainant.

          7. It is the case of the counsel for the appellant that the payment noted in Ext.P1series of pass books which are daily collections are with respect to repayment of  loans availed from the opposite party.  We find that there is no such case in the version of the opposite parties.  When  PW1 the complainant was cross examined   also no such case has been set up.    There is no specific  case as to how much is the loan amount  allegedly availed.  There is only a vogue statement that there were financial dealings.  We find that the remittances made in Ext.P1 series of pass books  have been countersigned by the collection agent of the opposite party.   The opposite parties have not produced any documentary evidence.  Further, nothing has been produced to show that the establishment of the opposite parties were destroyed in fire.  In the circumstances, we find that there is no scope to  interfere for the order of the Forum.  In the result the appeal is dismissed.

          8. The opposite parties  are directed to make the payment within 3 months  from the date of this order, failing which the complainant will be entitled for interest at 12% from 10.6.11, the date of this order.

          The office will  forward the LCR along with the copy of this order.

JUSTICE  .K.R.UDAYABHANU --  PRESIDENT

 S.CHANDRAMOHAN NAIR --  MEMBER