By Smt. Rajani.P.S, Member: The complainant’s case is as follows: The complainant was a subscriber of a kuri bearing No.SKL-1/96 vide ticket No.59 and L.F.No.59 conducted by the first respondent firm. The total capital of the kuri is Rs.4,80,000/- divided into four division of Rs.1,20,000/- each and as per the terms and conditions of the kuri, the subscriber has to pay quarterly instalments at the rate of Rs.4000/- towards the said kuri. The complainant remitted 12 instalments of the aforesaid kuri ie. From 6.5.96 to 6.1.2000 and thereafter the complainant was unable to remit the kuri amounts due to financial constraints. He has remitted an amount of Rs.48,000/- in total with the respondent firm towards the kuri amount. The said kuri terminated on 6.1.06and thereafter the complainant made several requests with the respondent company to repay the amount of Rs.48,000/- paid by him towards various kuri instalments. But inspite of repeated demands made by the complainant for the same, the respondent has not repaid the said amount till this date. The non-payment of the amount is an unfair trade practice and deficiency in service. Hence the complaint. 2. The counter filed by the respondents is that the complainant paid only Rs.21,000/- for 12 instalments. As per the kuri conditions, the complainant is liable to give Rs.20,000/- as foreman commission. The company lost the tax given to the government. As the complainant defaulted the kuri this respondent lost a chance to include another person and hence made loss to the company. There is no deficiency in service on the part of respondent. Hence dismiss. 3. The points for consideration are: (1) Is there any deficiency in service on the part of respondents? (2) If so, reliefs and costs. 4. The evidence consists of Ext. P1 only. 5. Points-1&2:The complainant was a subscriber of the kuri conducted by the first respondent firm. The total capital of the chit is Rs.4,80,000/- divided into 4 division and each division with 30 numbers of Rs.4000/-. He remitted 12 instalments and thereafter due to financial problems he was unable to remit the kuri amounts. The said kuri terminated on 6.1.2006 and thereafter the complainant made several requests to repay the amount of Rs.48,000/- which he had paid for the kuri instalments. In the counter the respondents stated that he paid only Rs.21,000/- for 12 instalments and he is liable to give the foreman commission of Rs.20,000/-. The kuri condition No.9 of Ext. P1 passbook states that (a) Out of the total kuri value of 4 divisions Rs.80,000/- thereof shall deducted as fixed discount as mentioned in rule 6 above and Rs.10,000/- towards punctuality bonus, (b) the excess if any over and above the fixed discount Rs.20,000/- resulting from the auction of each numbers as aforesaid namely the auction discount shall be divided among all subscribers including non-prized and non-bid, prized and auctioned subscribers, in all 4 divisions. But however prized and autioned kuri subscribers who do not pay their subscriptions on the kuri date or before are not eligible for the fixed discount of Rs.20,000/-. Kuri condition No.16 states that if the subscriber is indebted to the foreman personally or as a surety there shall be paramount charge on the subscription paid by him or the prize amounts relating to his ticket in favour of the foreman. Foreman has got his right to set off the amount towards his amounts due to the foreman. The balance if any will only be paid to subscriber. As per kuri condition No.13 the respondent obtains the right to substitute 3 consecutive defaulters and subscribe for such tickets for enroll fresh subscribers instead and to stipulate necessary terms and conditions in connection there to according to its discretion. So the contention of the respondents that they lost a chance to include another subscriber instead of the complainant will not stand and thereby no loss occurred in such a manner. As per kuri conditions the complainant made default by non-payment of kuri instalments after 12 instalments. So the complainant has to face the consequences of forfeiture of defaulted non-bid tickets. As per kuri condition 13 the complainant shall lose all benefit of dividends accrued and all other privileges attached to the tickets. Thus the complainant is entitled to get the actual amount he had paid towards the kuri instalments. 6. In the result, the complaint is partly allowed and the respondent is directed to return the actual paid amount with interest at the rate of 9% per annum from the date of complaint till realization with costs Rs.500/- (Rupees five hundred only) 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 18th day of September 2010.
| | [HONORABLE Rajani P.S.] Member[HONORABLE Padmini Sudheesh] PRESIDENT[HONORABLE Sasidharan M.S] Member | | 
