KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL 489/2002 JUDGMENT DATED.15.02.08
PRESENT: JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER
1. Branch Manager, Kerala State Financial Enterprises, Nedumangad Branch, Nedumangad.
2. Kerala State Financial Enterprises Ltd; : APPELLANTS Represented by its Managing Director, Registered Office, ‘Bhadratha’ Museum Road, Thrissur.
(By Adv.P.K.Venugopal & Another) Vs
P.Vijayakumar, Kadukkonathu Kattakkal Veedu, : RESPONDENT Karipur.P.O., Nedumangad.
JUDGMENT
JUSTICE SRI.K.R.UDAYABHANU, PRESIDENT
The appellants are the opposite parties, K.S.F.E authorities Nedumangad Branch who are under orders to pay to the complainant, a sum of Rs.70,000/- with interest at 14.5% from 18.8.99 till payment and also to pay Rs.12,000/- as compensation and Rs.1000/- as cost. 2. The case of the complainant is that he was a subscriber with the opposite parties of Chitty No. 12/99 and that his Chittal No. is 22 with monthly subscription of Rs.1000/- and the sala is Rs.1 lakh. After remitting six instalments, in the lots taken his Chital No. was selected. But subsequently when he went to comply with the formalities to receive the amount on 17.9.99, the opposite parties made an entry over the figure 22 as 23, and informed that his Chital number is 23 . After he has been selected in the lots, according to the complainant, the first appellant has manipulated the documents. He has borrowed a sum of Rs.55,000/- and had to return the same. As the priced chit amount was not paid he has sustained very serious losses. 3. The opposite parties/appellants have contended that it was only a clerical mistake that in the Pass book the number was entered as 22. It is mentioned that in all the original documents the Chittal No. of the complainant is noted as 23. Further the complainant has not participated in the lots taking on 18.8.99. The proxy was filed only on 17.9.99. 4. The evidence adduced consisted of the testimony of PW1, Exts.P1 to P6; DW1, Exts.D1 to D11. 5. The forum disbelieve the version of DW1 the branch manager and the copies of the original documents produced by the appellant that included Exts.D1 to D3, the photo copies of the receipts issued to the complainant, Ext. D4 Variyola; Exts.D5 and D6 proceedings of lot taking, Ext.D8 chitty personal ledger; Ext.D9 copy of the proxy register; Ext.D10 copy of the minutes; and Ext.D11 copy of the journal. The case of the complainant is mainly based on Ext. P1 Pass book wherein in the original chittal No.22 can be seen and P2 letter sent by the appellant to the complainant which is intimation regarding the amounts to be paid in September 1999 wherein the prized subscription number is also mentioned as 22. He has also produced in Ext.P4 lawyer notice; and Ext.P5 reply notice. 6. On an examination of documents and proceedings, especially Ext.D4 the Variyola and particularly Ext.D5 copy of the register of lots taking proceedings and Ext.D8 copy of the personal ledger and Ext.D10 copy of the minutes after the lots taking of the month of August, we find that there are no corrections in the above. We find no reason to discard about the documentary evidence. The complainant has not produced the originals of Exts.D1 to D3 receipts. Wherein the Chitty No is mentioned as 23. Ext.P2 is a letter sent to all subscribers intimating the instalment amount to be paid. No specific intimation that he won the lots has been sent to the complainant. In the circumstances we find that the office staff of the 1st opposite party has committed an error in making the entry as 22 in Ext.P1 Pass book which ought not to have been committed, especially considering the fact that the appellant is a financial organization. In the circumstances the direction of the Forum to pay the prized amount of Rs.70,000/- with interest at 14.5% cannot be justified. The order of the Forum is set aside. 7. All the same, the complainant was mislead seriously by the action of the officials of the appellant and he would have undergone certain financial difficulties as well. In the circumstances the appellants/opposite parties are directed to pay a compensation of Rs.10,000/- to the complainant. The order to pay compensation of Rs.12,000/- by the forum is modified accordingly. The opposite parties/appellants would also liable to pay the costs of Rs.3000/- to the complainant. If the amounts are not paid within two months from the date of receipt of this order the amount of compensation would carry interest at 12% from due date. The appeal is disposed accordingly. JUSTICE SRI.K.R.UDAYABHANU, PRESIDENT SMT.VALSALA SARANGADHARAN, MEMBER
R.AV | 
