KERALA  STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION

                    VAZHUTHACADU    THIRUVANANTHAPURAM

  APPEAL  NO:85/2004

                            JUDGMENT DATED: 24-09-2010

PRESENT

SHRI.M.V. VISWANATHAN                                  : JUDICIAL MEMBER

SRI.M.K. ABDULLA SONA                                   : MEMBER

Antony, S/o Parakkal Vareed,

Nadavarambil, Aikkarakunnu,                            : APPELLANT

Mukundapuram Taluk.

(By Adv:Sri.M.K.George)

                        Vs.

Ronia Kuries & Money Lenders (P) Ltd.,

Irinjalakkuda, R/by Managing Director.            : RESPONDENT

(By Adv:Sri.Manoj)

                                   JUDGMENT

SHRI.M.K. ABDULLA SONA : MEMBER

This appeal prefers from the order passed by the CDRF, Thrissur in OP.531/02 dated:3/12/2003.  The appellant is the complainant who prefers this appeal from the finding of the Forum below that the respondent is directed to pay to the petitioner Rs.4,529/- and cost of Rs.700/-.  Time for payment one month.  If respondent makes default the petitioner is entitled to interest at the rate of 12% from the date of the order.  The respondents are the opposite parties.  The complainant joined two kuries of the opposite parties started on 6/12/1985 and ended with 6/4/2002.  Out of the 2 kuries towards pass book No.131, ticket No.123. He bid and received the kuri amount on 2/12/1994 and deposited Rs.22,000/- as security.  Thereafter about 3 years he was paying instalments and as on 3/9/1997 the deposited amount was Rs.14,000/-. It was agreed to adjust interest at the rate of 15% per annum every 4 months towards the kuri.  Rs.700/- will be the amount of interest for 4 months.  It that is taken into account over Rs.1.lakh.  He paid again instalment only Rs.3000/-.  It was paid by the petitioner.  The petitioner is entitled to get Rs.1.lakh out of balance amount of Rs.14,000/- out of the balance amount of Rs.18,000/- less Rs.4000/- Forman’s Commission and interest from 6/10/1995.  The petitioner has claimed Rs.9,700/- as due from the first kuri itself.

2. The opposite parties appeared and filed the counter.  They contended that the complainant paid only Rs.18,402/- in the kuri as per pass book No.56.  The further instalments were prayed by the petitioner and hence he is entitled to get only the actual amount paid less Forman’s Commission.  The deposit amount as per Receipt No.604 dated:3/9/1997 towards kuri by passbook No.131 is Rs.14,000/- and interest comes to Rs.9,637/-.  Respondent as on the account of the counter as per which the total compensation of the petitioner is Rs.42,039/- and due from the petitioner is Rs.37,510/- and the balance is only Rs.4,529/- and the respondent is directed to pay this amount.

3. The evidence consisted of Ext.P1 and P2 and R1 to R4.  The Forum below considered all facts and circumstances and accepted the calculation of the opposite party and as per that calculation it found that the petitioner is entitled to get only Rs.4,529/- and cost of Rs.700/-.  The Forum below ordered for payment of the above amount.

4. This appeal prefers from the above impugned order passed by the Forum below.  The appellant argued on the ground of the appeal memorandum that the Forum below blindly accepted the calculation submitted by the opposite party and relied on that figures and passed the order.    It is illegal and he prayed for setting aside the above order and to allow the appeal.  This Commission is seeing that the order passed by the Forum is strictly in accordance with law and evidence.  There is no illegality or irrecoverability is seeing in this order.  It is legally sustainable.  The calculation submitted by the opposite party is correct and the appellant/complainant did not adduce any additional evidence to disprove that this calculation is incorrect.  We are not seeing any apparent error to interfere in the order passed by the Forum below.  The opposite parties were ready to pay the balance amount it was noted in the order by the Forum below.  It is a fit case to settle the dispute as early as possible. In the circumstances we are not in a position to allow the appeal.

In the result this appeal is dismissed and confirmed the order passed by the Forum below.  No cost ordered.  Points of the appeal discussed in detail and answered accordingly.

M.K. ABDULLA SONA: MEMBER

M.V. VISWANATHAN: JUDICIAL MEMBER

VL.