Present: 1. Sri.P.K.Sasi, President.
2. Smt. Sheena.V.V, Member.
3. Sri.M.P.Chandrakumar, Member
31st day of May 2016
CC.256/15 filed on 13/5/15
Complainant : Faisal, Mulakkal House, Kechery, Thalappilly Taluk,
Thrissur.
(By Adv.K.Arunkumar Kaimal, Thrissur)
Opposite Parties: 1. Greenich Kuries Pvt.Ltd., Kunnamkulam, Thrissur,
rep. by Managing Director, Santhosh.
2. Santhosh, Managing Director, Greenich Kuries
Pvt.Ltd., Kunnamkulam, now residing at Dasil
Buttik Paravattani, Pulimthoppu, Mannuthy Via.
O R D E R
By Smt.Sheena.V.V., Member :
The case of the complainant is that the complainant subscribed a kuri in opposite parties firm commenced on 21st May 2013 bearing Division No.HA1 Pass book No.19 and the complainant paid 10 instalments. He has paid Rs.27,650/- for 10 instalments. The complainant approached the opposite parties company for remitting the next instalment and the complainant could not pay the kuri amount, because the opposite parties company was seen locked without functioning. The complainant approached the opposite parties several times for the kuri amount. At last, on 25/3/15, the complainant demanded the kuri amount from the opposite parties through a lawyer notice. But no remedy so far. Being a kuri subscriber the opposite parties are liable to return the kuri amount. By not returning those amounts, the opposite parties had committed deficiency in service towards the complainant. Hence this complaint is filed.
2. Being noticed on the complaint, the opposite parties neither approached nor filed version before the Forum. So, set exparte and complaint was posted for complainant’s evidence.
3. The complainant filed proof affidavit and four documents produced, which are marked as Exts.P1 to P4. Ext.P1 is the kuri pass book, Ext.P2 is the lawyer notice, Ext.P3 is the postal receipt and Ext.P4 is the returned lawyer notice. From the document Ext.P1, we could find that the complainant had paid Rs.27,650/- for 10 instalments. So he is entitled to get the paid amount.
4. In the result, the complaint is allowed and the opposite parties are directed to return Ext.P1 amount, i.e., Rs.27,650/- (Rupees Twenty seven thousand six hundred and fifty only) to the complainant with 12% interest from the date of filing of the complaint and Rs.5,000/- (Rupees Five thousand only) as cost within one month from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 31stday of May 2016.
Sd/- Sd/- Sd/-
M.P.Chandrakumar Sheena.V.V. P.K.Sasi, Member Member President.
Appendix
Complainant’s Exhibits
Ext.P1 Kuri pass book
Ext.P2 Lawyer notice
Ext.P3 Postal receipt
Ext.P4 Returned lawyer notice
Id/-
Member