By Sri.M.S.Sasidharan, Member 

            The case is that the complainant’s daughter has joined in the 9^th day monthly kuri conducted by the respondents vide statement No.141 and later it was transferred into the complainant’s name.  The complainant’s daughter joined the kuri on 9^th March 2005 and was remitting the  instalment at  Rs.1,000 per month regularly.  The remittances were being recorded in the pass book.  But the instalment paid on  March 2007 was not recorded and the respondent firm stopped  functioning on  October 2007.  The complainant could not remit further instalments as the  kuri company was closed.  The complainant has remitted 25 instalments at Rs.1,000/- each.  The respondent firm was closed due to misappropriation of money by the respondents and also due to their irresponsible activities.  The complainant is entitled to get Rs.25,000/- with interest.  So a lawyer notice was issued on 27/4/09.  But there was no reply or remedy.  Hence the complaint filed.

          2. The 2^nd respondent filed a version stating that he is not the Chairman of the respondent firm  and he is not  aware of the kuri transactions between the complainant and the respondent firm.  He has resigned from the Chairmanship on 6/9/07 and the complainant is aware of it.  The 2^nd respondent is not aware of the closing of the respondent firm and it is not correct that firm is closed.  The 2^nd respondent is not liable to pay any amount to the complainant.  Hence dismiss the complaint.

          3. The counter averments furnished by the respondents 3, 5 & 6 are that they have no consumer relation or dispute with the complainant.  The respondent firm is still functioning and the disputed kuri has not yet terminated.  The complainant has defaulted the kuri instalments.  So these respondents are not liable to pay any amount to the complainant.  The respondent firm is only liable to pay any  amount to the complainant.  Hence dismiss the complaint.

          4. Points for consideration are that :

1) Is the complainant entitled to get back the amount as per Exhibit P1 pass book?

2) Other reliefs and costs?

          5. Evidence adduced are the oral testimony by the PW1 and Exhibits P1 to P4 only.  No evidence has been adduced by the respondents

          6. Points: The complaint is filed to get back the amount as per the Exhibit P1 pass book.  The complainant’s daughter Sangeetha has joined in the monthly kuri conducted by the respondents on 9/3/2005 vide statement No.141.  Later it was transferred into the complainant’s name.  They were remitting the monthly instalments at Rs.1,000/- each from March 2005 onwards.  They have remitted 25 instalments.  The respondent firm was closed and they could not remit further instalments.  So they are entitled to get Rs.25,000/- with interest.  The 2^nd respondent has stated that he has resigned from the Chairmanship of the respondent firm and so he know nothing about the kuri transaction between the complainant and the firm.  The respondents 3,5&6 have also denied their liability to return any amount to the complainant.  They have stated that the respondent firm is still functioning and that the complainant has defaulted the kuri instalments.

          7. The complainant is examined as PW1 and Exhibits P1 to P4 marked.  PW1 has deposed that he has remitted 25 instalments.  Exhibit P1 is the pass book and the name Sangeetha is stricken in the pass book and the complainant’s name is written on the 2^nd page for endorsement regarding  transfer  etc.  The remittance of 25 instalments were recorded in the pass book.  The 25 instalment was recorded on 9/3/2007.  The respondents have stated that the kuri transaction were continued after it.  But no evidence has been produced in this regard.  And also no evidence produced  by any of the respondent to prove that they are not liable to pay the amount to the complainant.

          8. In the result the complaint is allowed and the respondents are directed to pay the complainant the amount as per Exhibit P1 pass book with 9% interest from 9/3/2007 till realization with costs Rs.1,000/- within two months from the date of receipt of the copy of the order.

          Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 23^rd   day  of January 2013.