KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL NO.213/03 JUDGMENT DATED.26.06.08 PRESENT:- JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER 1. The KeralaState Financial Enterprises Ltd., represented by its Managing Director, Thrissur. : APPELLANTS 2. The Branch Manager, KeralaState Financial Enterprises Ltd., Neyyattinkara Branch, Thiruvananthapuram. (By Adv.P.K.Venugopal) Vs S.J.Tharsis, Bindhu Bhavan, Puthiyathura, : RESPONDENT Puthiyathura P.O.(Via) Pulluvila. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU: PRESIDENT The appellants are the opposite parties in OP.No.255/2000 in the file of CDRF, Thiruvananthapuram. The appellant/KSFE, Neyyattinkara branch is under orders to pay a sum of Rs.35,000/- with interest at 14.5% from 13.4.92 till realization after deducting Rs.8400/- with future interest at 14.5% from 11.12.94 till date of decree from the above amount and also to pay a sum of Rs.10,000/- as compensation and Rs.1000/- as costs. 2. It is the case of the complainant that he was a subscriber of two chitties Nos. 16/91 and 24/91 of the opposite parties. He had priced the chitty No.24/91 on 13.4.92 for a sum of Rs.28,000/- and Chitty No.16/91 for a sum of Rs.7000/- on 15.1.93 and he made arrangements to execute bond for releasing of the amounts. But the same was not allowed as he had stood surety for one Ajayakumar for a loan and the above Ajayakumar had defaulted. Subsequently the dues of Ajayakumar were attached from the salary of the complainant. According to him he has defaulted to remit the final 7 instalments in chitty No.24/91 and the last 14 instalments in chitty No.16/91. Hence the amount of instalments in arrears would work out to Rs.2800/- in chitty 16/91 and Rs.7000/- in chitty No.24/91. The price amount of both chitties is Rs.35,000/-. According to him the above amount was kept in fixed deposit. The chitties were terminated on 11.12.94 and the transaction with Ajayakumar was closed in December 1999. According to him the price amounts of the two chitties in fixed deposit work out to Rs.1,03,906.59 of chitty No.24/91 and Rs.22,298.28 of chitty No.16/91. He has claimed a total amount of Rs.1,17,468.87 and Rs.10,000/- as compensation. 3. On the other hand, the opposite parties/appellants had contended that the amounts could not be disbursed as the complainant did not claim the amount. It is denied that the complainant had applied for depositing the amount in fixed deposit. According to them the amounts due for the future instalments has to be deducted from the price amounts and the complainant would be entitled only for the balance. After so deducting the complainant would be entitled for Rs.4,200.45/ in chitty No.16/91 and Rs.20,963.80 in chitty No.24/91. The total amount due would be Rs.25,164/- after deducting the defaulted instalments. 4. The evidence adduced consisted of Exts.P1 and P2; Exts.D1 to D4. 5. We find there is no dispute with respect to the fact that the complainant had priced the two chitties on the alleged dates. Evidently the opposite parties are entitled for the amount due towards the balance instalments. It is pointed out that the amount due towards the balance instalments of the chitty No.16/91 ie for 14 instalments would be Rs.2788/- and for the chitty No.24/91 for the balance of the dues Rs.7036.20. Hence the total amount due to the opposite parties would be Rs.9,824/-. The appellant has conceded the above due. The complainant can be granted the priced amount less the amount due towards defaulted instalments. The same would work out to Rs.25,164/-. The complainant would be entitled to get only the above amount. The complaint has been filed on 12.5.2000. As per the order of the Commission the appellant has remitted Rs.25,164/- before the Forum. We find that interest at 10% from the date of filing of the complaint is reasonable. Hence the appellant would be liable to remit the balance amount ie; interest at 10% from 12.5.2000 till 8.4.03 the date of deposit of Rs.25,164/- in the Forum. We find that the compensation of Rs.10,000/- awarded is excessive in the circumstances as the complainant is a defaulter. In the circumstances the amount of compensation is reduced to Rs.2000/-. The complainant will be entitled for costs as ordered by the Forum. The appeal is disposed of accordingly. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER R.AV
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN | | 
