DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 17th day of September 2012
Present : Smt.Seena H, President
: Smt. Preetha.G. Nair, Member
Date of filing : 19/05/2006
C.C.No.63/2006
Usha.A.R,
W/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur. - Complainant
(By Adv.S.P.Chandran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.Dhananjayan)
C.C.No.64/2006
Usha.A.R,
W/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur. - Complainant
(By Adv.S.P.Chandran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.Dhananjayan)
C.C.No.65/2006
Girish.T.J
S/o.Jayathilakan,
Thanisseri House,
Manjakkad, P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.S.P.Chandran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.Dhananjayan)
C.C.No.66/2006
Girish.T.J
S/o.Jayathilakan,
Thanisseri House, Manjakkad,
P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.S.P.Chandran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor, Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan, S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.Dhananjayan)
C.C.No.67/2006
Girish.T.J
S/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.S.P.Chandran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.Dhananjayan)
C.C.No.69/2006
Gayathri,
D/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.S.P.Chandran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.Dhananjayan)
C.C.No.70/2006
Gayathri,
D/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.S.P.Chandran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.Dhananjayan)
C.C.No.71/2006
Gayathri,
D/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.S.P.Chandran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.Dhananjayan)
C.C.No.72/2006
Gayathri,
D/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.S.P.Chandran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.Dhananjayan)
C.C.No.73/2006
Gayathri,
D/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.S.P.Chandran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.Dhananjayan)
O R D E R
By Smt.SEENA.H. PRESIDENT
Complainants in the above cases filed an I.A. No.7/07 seeking permission for joint trial. I.A was allowed on 10.01.2007.
Complainant in CC No.63/2006 is a subscriber to chit fund conducted by the opposite party. The kuri was for the period from 9/7/2002 to 9/1/2005. Complainant has taken 2 tickets. On 9/9/04, complainant auctioned two kuries. The grievances of the complainant is that even though she was ready to deposit sufficient security, opposite party has not disbursed the kuri amount due to enmity with her husband. Kuri terminated on 9/1/05. Even then the amount was not disbursed. Complainant is entitled for the kuri amount deducting fixed discount and dividend which amounts to Rs.1,56,550/- in total. Complainant also claims interest for the said amount.
Complainant in CC No.64/2006 has joined in a kuri conducted by opposite party and the same was commenced on 29/6/02 and completed on 29/9/05. On 29/8/04 complainant has auctioned the kuri. But the opposite party has not disbursed the amount due to enmity against her husband. Kuri terminated on 29/9/05. Even then the amount was not disbursed. Complainant alleges deficiency in service on the part of opposite party and claims an amount of Rs.20,500/- deducting fixed discount and balance installment with 12% interest and Rs.5,000/- as compensation for mental agony.
Complainant in CC No.65/2006 has joined in a kuri conducted by opposite party which commenced from 14/1/02 and ended on 14/12/2004. But the complainant defaulted in making installment after 14/09/04. Complainant remitted Rs.14,946.64. But the opposite party failed to pay chit amount after deducting foremen commission. Complainant claims an amount of Rs.13,196.64 after deducting foremen commission with 12% interest and Rs.5,000/- as compensation for mental agony.
Complainant in CC No.66/2006 has joined in a kuri conducted by opposite party which commenced from 3/6/02 and ended on 25/10/2004. The complainant remitted installment upto 25/8/04. But he could not make balance installment after 25/8/04. Complainant remitted Rs.18,014.32. But the opposite party failed to pay chit amount after deducting foremen commission. Complainant claims an amount of Rs.15,514.32 after deducting foremen commission with 12% interest and Rs.5,000/- as compensation for mental agony.
Complainant in CC No.67/2006 has joined in a kuri conducted by opposite party which commenced from 29/6/02 and ended on 29/9/05. The complainant remitted installment including on 29/8/04. He auctioned the kuri on 29/8/04. But the opposite party has not disbursed the amount due to enmity against his father. Even after completion of chitty the opposite party did not disburse the amount. Complainant alleges deficiency in service on the part of opposite party and claims an amount of Rs.20,500/- deducting fixed discount and balance installment with 12% interest and Rs.5,000/- as compensation for mental agony.
Complainant in CC No.69/2006 has joined in a kuri conducted by opposite party commenced from 3/6/02 and ended on 25/10/2004. The complainant remitted installment including on 25/8/04. But complainant could not make balance installment after 25/8/04. Complainant remitted Rs.18,014.32. But the opposite party failed to pay chit amount after deducting foremen commission. Complainant claims an amount of Rs.15,514.32 after deducting foremen commission with 12% interest and Rs.5,000/- as compensation for mental agony.
Complainant in CC No.70/2006 has joined in a kuri conducted by opposite party which commenced from 29/6/02 and ended on 29/9/05. The complainant remitted installment including on 29/8/04. She auctioned the kuri on 29/8/04. But the opposite party has not disbursed the amount due to enmity against her father. Even after completion of chitty the opposite party did not disburse the amount. Complainant alleges deficiency in service on the part of opposite party and claims an amount of Rs.30,500/- deducting fixed discount and balance installment with 12% interest and Rs.5,000/- as compensation for mental agony.
Complainant in CC No.71/2006 has joined in a kuri conducted by opposite party which commenced from 14/1/02 and ended on 14/12/2004. The complainant remitted installment including on 14/9/04. But she could not make balance installment after 14/9/04. Complainant remitted Rs.14,946.64. But the opposite party failed to pay chit amount after deducting foremen commission. Complainant claims an amount of Rs.13,196.64 after deducting foremen commission with 12% interest and Rs.5,000/- as compensation for mental agony.
Complainant in CC No.72/2006 is a subscriber to chit fund conducted by the opposite party. The kuri was for the period from 3/6/2002 to 25/10/04. Complainant has taken 2 tickets bearing No.64 and 106. On 29/8/04, complainant auctioned two kuries. The grievances of the complainant is that even though she was ready to deposit sufficient security, opposite party has not disbursed the kuri amount due to enmity with her father. Kuri terminated on 25/10/04. Even then the amount was not disbursed. Complainant is entitled for the kuri amount deducting fixed discount and dividend which amount to Rs.40,990/- in total with 12% interest and Rs.5,000/- as compensation and Rs.1,000/- as cost.
Complainant in CC No.73/2006 has joined in a kuri conducted by opposite party commenced from 9/7/02 and ended on 09/01/05. The complainant remitted installment including on 9/9/04. But complainant could not make balance installment after 9/9/04. Complainant remitted Rs.70,677/-. But the opposite party failed to pay chit amount after deducting foremen commission. Complainant claims an amount of Rs.64,277 after deducting foremen commission with 12% interest and Rs.5,000/- as compensation for mental agony.
Opposite party filed version contending the following. Complainants herein are not subscribers to the kuri conducted by the opposite party. Kuries are to be either held or legally transferred in the name of the subscribers. On verifying records it was found that corrections were made by the husband of the complainant so as to make it appear that the kuries were transferred in favour of the complainant and her children who are the other complainants. According to opposite party, no legal transfer is made in favour of the complainants and hence they are not entitled to any privilege or status as a subscriber to the kuries. Opposite party further submits that Mr.Jayathilakan, complainant’s husband was the Managing Director of the opposite party company during the relevant period and records were maintained by and in the custody of him. After remand an additional contention was taken by the opposite parties stating that the contract with a minor is void abinitio. Hence the claims put forward by the complainants are liable to be rejected.
Common order was passed in the above complaints. Complainants has taken up the matter in appeal against dismissal of the complaints. Hon’ble State Commission has remanded back the matter to the Forum permitting both parties to adduce further evidence and dispose of the matter. After remand complainant call fored several documents from the opposite party, out of which except one, were produced. Opposite party filed affidavit stating the reason for non production.
Now the evidence adduced by the parties consists of their respective chief affidavit, Ext.A1 series (9 nos), B1 to B8 and the testimony of PW1 and DW1.
Now the issue that arise for our consideration is
- Whether there is any deficiency in service on the part of opposite party?
- If so, what is the relief and cost complainants are entitled to?
Issue No. 1
The definite case of the complainants are that they are the subscribers of the chitty conducted by the opposite party company and have paid monthly chitty amount. Some of the kuries are auctioned and some are not. The grievance of the complainants is that even after the expiry of the kuri period opposite party failed to disburse the amount entitled to the complainants.
Complainant was resisted by the opposite party mainly on two grounds. That the complainants are not the real subscribers of the chitty as there is no legal transfer in the name of the complainants. The then Managing Director who is the husband of the complainant in CC.63/06 and CC.64/06, father of the complainants in CC.65/06 to CC.72/06 has fabricated and created false documents for wrongful gain. Secondly complainants in CC.65/06 to CC.72/06 are minors and hence the contract with a minor is void ab-initio. Further submitted that complainants have neither remitted full amounts of the chitty nor furnished security for the future installments.
In order to determine whether complainants are legally entitled for any amount, the foremost question to be decided is whether complainants are the actual subscribers and whether they have paid the subscription amount.
On going through the application for tickets produced and marked as Ext.B1 series (8 in Nos.), it is seen that except one in the name of Gayathri, in all other application of ticket, the name of the original subscribers are striked of and the name of the present complainants are added. There is no endorsement to the effect that original subscriber has transferred the same to the present complainants. On verification of the corresponding pass books marked as Ext.A1 series ( 9 in Nos) it is seen that except four pass books (3 in number in the name of minor Gayathri and 1 in No. in the name of minor Girish), all the entries are made after erasing the name and address of the original subscribers. Corresponding copy of ledgers are marked as Ext.B2 series, Ext.B3 and Ext.B9. In the same except one (9th day kuri in the name of Gayathri, statement No.106) all other entries are made after erasing. So comparing the application tickets, pass books and corresponding ledgers, we find that only one chitty i.e. 20th day kuri in the name of minor Gayathri is there without any corrections. So we find that except the one mentioned above all the other transfers are not properly effected.
The counsel for the complainant has put forward an agreement that this procedural irregularity is not with respect to the complainants alone, but also with respect to the chitties where the children of the then Chairman and other Directors were subscribers. While cross examining the present Managing Director who is the opposite party, it is deposed that (Page No.5, Token No.5 Nithin Raj F¶Xv erase sNbvXv FgpXnbXmWv. AXn agentsâ t]cv PbXneI³ F¶mWv. Page No.32, Token No.32 agent name is O.P.Unnikrishnan. t]cv complete erase sNbvXn«v Khader F¶v FgpXn ImWp¶pv. Khadersâ t]cv tNÀ¡p¶Xn\v ap¼v Joseph Yohannan F¶mW.v AXn agentsâ t]cv O.P.Unnikrishnan F¶mWv. Yohannan F¶msf Rm³ Ipdnbn tNÀ¯nbn«nÃ. Page 56, Token 56, Token 57, Token 58 F¶nhsbms¡ FgpXn tNÀ¯XmWv A¶s¯ Fw.Un. BWv. Token No.88 erase sNbvXXn\v tijw present director Bb A.R.Ravikumarsâ aI³ Arunkumarsâ t]cnemWv ImWp¶Xv.
Further states that Page 58 Ticket No.58, V.P.Santhosh, S/o.V.P.Gopalakrishnan Agents name is V.P.Gopalakrishnan Cu V.G.Gopalakrishnan BWv.
On going through the deposition and the ledgers produced we find that this is the actual procedure followed in the opposite party company. But for that reason alone, the Forum being a Court of Law cannot treat the complainants as subscribers. The Chit Fund act has specifically provided the procedure for assignment of chitties.
The deposition of the complainant in this respect has to be looked into. It is stated that Fsâ FÃm IpdnIfpw passbook ]dª terms A\pkcn¨v amÁnbn«pv. Erase sNbvXv amÁn FgpXm\pÅ A[nImcw companybv¡v CÃ
PW1 himself knows that he has not acted as per rules.
PW1 further states that Passbook t]cv ImWp¶ subscriber tranfer sN¿m\mbn H¸n«v X¶ applications company Dv..
No steps has been taken by the complainant to call for said applications from opposite party company.
Now with respect to the question whether the complainants has actually paid the kuri amount, we find that apart from the Pass books there is absolutely no evidence to prove the same. PW1 has deposed that (page 4) Ipdn kwJy AS¨Xv sXfnbn¡p¶Xn\v pass books, receipt F¶nh Dv. Hon’ble State Commission has also noted in the order that apart from pass books, complainants have not produced any documents to show that they have remitted kuri installment. After remand also complainant failed to produce the receipts before the Forum.
With respect to the kuries held by the minors Hon’ble State Commission has also supported the view taken by the Forum. There is no evidence on record to show that the minor has joined the kuries through their guardian or next friend. Section 65 of the contract Act, as argued by the counsel for the complainant cannot be made applicable since the minor has not joined the kuri through their guardian or next friend. There is no cogent evidence to show that minor is a subscriber to the chitty.
In view of the above discussions we are of the view that complainants miserably failed to prove a case in their favour. In the result complaints dismissed.
Pronounced in the open court on this the 17th day of September, 2012
Sd/-
Seena.H
President
Sd/-
Preetha.G.Nair,
Member
Appendix
Witnesses examined on the side of complainants
PW1 - Jayathilakan
Witnesses examined on the side of opposite party
DW1 – O.P.Unnikrishnan
Exhibits marked on the side of complainants
Ext.A1 (Series) – Pass book (9 in Nos)
Exhibits marked on the side of opposite party
Ext.B1(Series) – Application for ticket (6 in Nos.)
Ext.B2(Series) – Photo copy of extract of personal ledger
Ext.B3 – Register of 9th day monthly kuri started from 9/7/02
Ext.B4 - Draw and Auction Register from 14/1/2002
Ext.B5 - Draw and Auction Register from 18/9/2004
Ext.B6 – Attendance Register for the yerar 2003
Ext.B7 - Attendance Register for the yerar 2002
Ext.B8 - Attendance Register for the yerar 2004
Ext.B9 – Ledger of the 14th day Kuri
Ext.B10 – Computer print out pertianing the subscription details of complainants.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
Civil Station, Palakkad 678001, Kerala
Dated this the 31st day of March, 2010
Present: Smt.Seena.H, President
Smt.Preetha.G.Nair, Member
Smt.Bhanumathi.A.K, Member
C.C.No.63/2006
Usha.A.R,
W/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur. - Complainant
(By Adv.K.G.Bhadran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.M.Udayasankar & P.Sreeprakash)
C.C.No.64/2006
Usha.A.R,
W/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur. - Complainant
(By Adv.K.G.Bhadran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.M.Udayasankar & P.Sreeprakash)
C.C.No.65/2006
Girish.T.J
S/o.Jayathilakan,
Thanisseri House,
Manjakkad, P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.K.G.Bhadran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.M.Udayasankar & P.Sreeprakash)
C.C.No.66/2006
Girish.T.J
S/o.Jayathilakan,
Thanisseri House, Manjakkad,
P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.K.G.Bhadran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor, Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan, S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.M.Udayasankar & P.Sreeprakash)
C.C.No.67/2006
Girish.T.J
S/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.K.G.Bhadran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.M.Udayasankar & P.Sreeprakash)
C.C.No.69/2006
Gayathri,
D/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.K.G.Bhadran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.M.Udayasankar & P.Sreeprakash)
C.C.No.70/2006
Gayathri,
D/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.K.G.Bhadran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.M.Udayasankar & P.Sreeprakash)
C.C.No.71/2006
Gayathri,
D/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.K.G.Bhadran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.M.Udayasankar & P.Sreeprakash)
C.C.No.72/2006
Gayathri,
D/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.K.G.Bhadran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.M.Udayasankar & P.Sreeprakash)
C.C.No.73/2006
Gayathri,
D/o.Jayathilakan,
Thanisseri House,
Manjakkad,
P.O.Shoranur.
Rep by father Jayathilakan - Complainant
(By Adv.K.G.Bhadran)
Vs
Shoranur Kuries (Pvt Ltd),
1st Floor,
Sree Muthappan Complex,
Main Road, Shoranur.
Rep by the Managing Director,
Unnikrishnan,
S/o.Puthenveettil T.K.Nair,
Eruppel Desom,
Shoranur.P.O. - Opposite party
(By Adv.M.Udayasankar & P.Sreeprakash)
O R D E R
By Smt.Seena.H, President
Complainants in the above cases filed an I.A. No.7/07 seeking permission for joint trial. I.A was allowed on 10.01.2007.
Complainant in CC No.63/2006 is a subscriber to chit fund conducted by the opposite party. The kuri was for the period from 9/7/2002 to 9/1/2005. Complainant has taken 2 tickets. On 9/9/04, complainant auctioned two kuries. The grievances of the complainant is that even though she was ready to deposit sufficient security, opposite party has not disbursed the kuri amount due to enmity with her husband. Kuri terminated on 9/1/05. Even then the amount was not disbursed. Complainant is entitled for the kuri amount deducting fixed discount and dividend which amount to Rs.1,56,550/- in total. Complainant also claims interest for the said amount.
Complainant in CC No.64/2006 has joined in a kuri conducted by opposite party and the same was commenced on 29/6/02 and completed on 29/9/05. On 29/8/04 complainant has auctioned the kuri. But the opposite party has not disbursed the amount due to enmity against her husband. Kuri terminated on 29/9/05. Even then the amount was not disbursed. Complainant alleges deficiency in service on the part of opposite party and claims an amount of Rs.20,500/- deducting fixed discount and balance instalment with 12% interest and Rs.5,000/- as compensation for mental agony.
Complainant in CC No.65/2006 has joined in a kuri conducted by opposite party which commenced from 14/1/02 and ended on 14/12/2004. But the complainant defaulted in making instalment after 14/09/04. Complainant remitted Rs.14,946.64. But the opposite party failed to pay chit amount after deducting foremen commission. Complainant claims an amount of Rs.13,196.64 after deducting foremen commission with 12% interest and Rs.5,000/- as compensation for mental agony.
Complainant in CC No.66/2006 has joined in a kuri conducted by opposite party which commenced from 3/6/02 and ended on 25/10/2004. The complainant remitted instalment including on 25/8/04. But he could not make balance instalment after 25/8/04. Complainant remitted Rs.18,014.32. But the opposite party failed to pay chit amount after deducting foremen commission. Complainant claims an amount of Rs.15,514.32 after deducting foremen commission with 12% interest and Rs.5,000/- as compensation for mental agony.
Complainant in CC No.67/2006 has joined in a kuri conducted by opposite party which commenced from 29/6/02 and ended on 29/9/05. The complainant remitted instalment including on 29/8/04. He auctioned the kuri on 29/8/04. But the opposite party has not disbursed the amount due to enmity against his father. Even after completion of chitty the opposite party did not disburse the amount. Complainant alleges deficiency in service on the part of opposite party and claims an amount of Rs.20,500/- deducting fixed discount and balance instalment with 12% interest and Rs.5,000/- as compensation for mental agony.
Complainant in CC No.69/2006 has joined in a kuri conducted by opposite party commenced from 3/6/02 and ended on 25/10/2004. The complainant remitted instalment including on 25/8/04. But complainant could not make balance instalment after 25/8/04. Complainant remitted Rs.18,014.32. But the opposite party failed to pay chit amount after deducting foremen commission. Complainant claims an amount of Rs.15,514.32 after deducting foremen commission with 12% interest and Rs.5,000/- as compensation for mental agony.
Complainant in CC No.70/2006 has joined in a kuri conducted by opposite party which commenced from 29/6/02 and ended on 29/9/05. The complainant remitted instalment including on 29/8/04. She auctioned the kuri on 29/8/04. But the opposite party has not disbursed the amount due to enmity against her father. Even after completion of chitty the opposite party did not disburse the amount. Complainant alleges deficiency in service on the part of opposite party and claims an amount of Rs.30,500/- deducting fixed discount and balance instalment with 12% interest and Rs.5,000/- as compensation for mental agony.
Complainant in CC No.71/2006 has joined in a kuri conducted by opposite party which commenced from 14/1/02 and ended on 14/12/2004. The complainant remitted instalment including on 14/9/04. But she could not make balance instalment after 14/9/04. Complainant remitted Rs.14,946.64. But the opposite party failed to pay chit amount after deducting foremen commission. Complainant claims an amount of Rs.13,196.64 after deducting foremen commission with 12% interest and Rs.5,000/- as compensation for mental agony.
Complainant in CC No.72/2006 is a subscriber to chit fund conducted by the opposite party. The kuri was for the period from 3/6/2002 to 25/10/04. Complainant has taken 2 tickets bearing No.64 and 106. On 29/8/04, complainant auctioned two kuries. The grievances of the complainant is that even though she was ready to deposit sufficient security, opposite party has not disbursed the kuri amount due to enmity with her father. Kuri terminated on 25/10/04. Even then the amount was not disbursed. Complainant is entitled for the kuri amount deducting fixed discount and dividend which amount to Rs.40,990/- in total with 12% interest and Rs.5,000/- as compensation and Rs.1,000/- as cost.
Complainant in CC No.73/2006 has joined in a kuri conducted by opposite party commenced from 9/7/02 and ended on 09/01/05. The complainant remitted instalment including on 9/9/04. But complainant could not make balance instalment after 9/9/04. Complainant remitted Rs.70,677/-. But the opposite party failed to pay chit amount after deducting foremen commission. Complainant claims an amount of Rs.64,277 after deducting foremen commission with 12% interest and Rs.5,000/- as compensation for mental agony.
Opposite party filed version contending the following. Complainants herein are not subscribers to the kuri conducted by the opposite party. Kuries are to be either held or legally transferred in the name of the subscribers. On verifying records it was found that corrections were made by the husband of the complainant so as to make it appear that the kuries were transferred in favour of the complainant and her children
who are the other complainants. According to opposite party, no legal transfer is
made in favour of the complainants and hence they are not entitled to any privilege or status as a subscriber to the kuries. Opposite party further submits that Mr.Jayathilakan, complainant’s husband was the Managing Director of the opposite party company during the relevant period and records were maintained by and in the custody of him. Hence the claims put forward by the complainants are liable to be rejected.
Complainant filed common affidavit. Ext.A1 series marked. Opposite party filed affidavit. Ext.B1 series and B2 series marked.
The issues for consideration are;
Whether there is any deficiency in service on the part of opposite party?
If so, what is the reliefs and cost complainants are entitled to?
Issues 1 & 2:
The specific case of the complainants is that complainants are subscribers to the chitty conducted by the opposite party. Complainant auctioned the chitties, but the opposite party failed to disburse the chitty amount illegally.
Opposite party on the other hand contented that complainants are not subscribers of chitty conducted by the opposite party and further records shows that another two person are the subscribers to the said chitties. The name of the said subscriber were either struck of from the pass book by scoring or erased so as to enter the name of the complainants.
We heard both parties and has minutely gone through the entire evidence on record.
It is settled law that subscribers to the chitties will come under the purview of the Consumer Protection Act. On going through the pass book marked as Ext.A1 series and ledger extracts and application for ticket marked as Ext.B1 series and B2 series respectively it can be seen that the name of the original subscribers is either struck off and the name of the complainant is added or the name of the original subscriber is erased using whitener and the complainants’ name is over written.
The question that arises for our consideration is that whether there is any deficiency in service on the part of opposite party and whether there is any legal transfer of the chitties in favour of the complainant.
For deciding the point, it is necessary to go through the variola. Variola is the agreement entered into between the foremen and the subscribers and that which contains the terms and conditions for conducting kuri. Clause 18 of the said variola which deals with assignment, transfer, pledge etc reads as follows:
“In the case of transfer, assignment and pledge of chits rights, such transactions shall be in writing and duty stamped the request for transfer, pledge or assignment be made in the prescribed form and got approved by the foremen. The document relating to the transaction shall be signed by the subscriber and produced before the foremen together with a declaration
by the transferee that he is bound to abide by the rules and regulations of the chit. The foremen shall attest the endorsement regarding the
transaction in the chit pass book signed by the ticket holder concerned”.
Section 31, 32 and 33 of the Kerala Chitties Act, 1975 deals with the provision of transfer. As per Section 31, every transfer by a non -prized subscriber of his rights in the chitty shall be in writing and shall be filed with the foremen. Such transfer shall be recognized by the foremen as per Section 32. Section 33 provided that every such transfer shall be entered by the foremen in the books of the chitty.
In the present case, no such legal formalities are seen to be complied by the complainant. No document evidencing transfer is produced by the complainant. Further in the pass books there is blank spaces specifically provided for endorsement regarding transfer etc. No endorsement to the effect that the kuries are transferred in the name of the complainants is seen in Ext.A1 series. Four passbooks were over writing is not seen in held by minors Gayathri and Girish. Three of them having statement No.58, 284 and 106 is held by minor Gayathri and statement No.59 is held by minor Girish. As per law contract with a minor is void. Complainants has not produced any evidence to show that the guardian has applied for and on behalf of the minor subscriber for tickets for joining kuri. So we have no hesitation to hold the view that complainant miserably failed to prove a case in their favour.
In view of the above stated facts and circumstances of the case, we dismiss the complaint. No order as to cost.
Pronounced in the open court on this the 31st day of March, 2010
Sd/-
Seena.H
President
Sd/-
Preetha.G.Nair,
Member
Sd/-
Bhanumathi.A.K,
Member
Appendix
Witnesses examined on the side of complainants
Nil
Witnesses examined on the side of opposite party
Nil
Exhibits marked on the side of complainants
Ext.A1 (Series) – Pass book (9 in Nos)
Exhibits marked on the side of opposite party
Ext.B1(Series) – Application for ticket (6 in Nos.)
Ext.B2(Series) – Photo copy of extract of personal ledger
