By Smt. Padmini Sudheesh, President: <br /> <br /> The case of the petitioner is that the petitioner had joined four kuries in the respondent firm. In the fifth day monthly kuri she had remitted Rs.100/- each for 29 instalments and in the 15th day monthly kuri she had remitted Rs.100/- each for 37 instalments. She had also remitted Rs.100/- each for 30 instalments in another 15th day monthly kuri and also in the daily kuri Rs.3000/- remitted in total. She had been a subscriber of the daily investment scheme and paid Rs.100/- per day for 384 days. Later the amount not returned by the respondents. She had demanded the sum and Rs.2310/- was returned from the 10 rupees daily kuri. Still remains Rs.990/- in that account. The entire amount is not returned even if demanded. Hence this complaint.<br /> <br /> 2. First respondent filed counter to the effect that he was only a bill collector and not President. He was not in any way related to the money transactions. Hence no liability. <br /> <br /> 3. 2nd respondent filed counter stating that he was only the honorary Secretary of the respondent Society and his period was terminated on 2002 August. He was not a cash custodian and no connection with money transactions. The first respondent society had an asset worth one crore and rupees seventy lakhs is due from the people. First respondent also has shopping complex in Madakkathara and Chirakkekode. There is no deficiency in service. Hence dismiss.<br /> <br /> 3. In the counter, 3rd respondent has stated that on what basis this respondent was impleaded is not aware. Hence dismiss.<br /> <br /> 4. The points for consideration are: -<br /> (1) Is there any deficiency in service?<br /> (2) If so, reliefs and costs.<br /> <br /> 5. The evidence consists of Exts. P1 to P3. No other evidence. <br /> <br /> 6. Point No.1: Ext. P1 is the passbook showing the account of daily investment scheme. As per the passbook, 384 days credit can be seen. The total amount credited is Rs.21,698.90. Ext. P2 is the passbook showing the remittance of 5th day monthly kuri and Ext. P3 is the passbook showing the remittance of 15th day monthly bonus scheme for 37 instalments. According to the complainant, she had also two other monetary transactions. But no document is produced to convince this. At the same time respondents have no case that there were no such kuries and also did not deny it. So it can be taken into consideration. The respondents’ version is an attempt to escape from the liability. They have no serious contention. There is deficiency in service on the part of respondents. Hence they are liable to return the amount claimed.<br /> <br /> 7. In the result the complaint is allowed and the respondents are directed to provide Rs.48,990/- (Rupees forty eight thousand nine hundred and ninety only) to the petitioner with interest at the rate of 12% per annum from 5.11.02 till realization. The respondents are further directed to pay Rs.1000/- (Rupees one thousand only) towards costs. Comply the order within one month. <br /> <br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 18th day of August 2008.<br />