Kerala

Trissur

CC/09/59

Nisha Mohanan Rep by POA Holder N.K.Mohanan - Complainant(s)

Versus

Suryavilasam Kuries & Loans (P) Ltd - Opp.Party(s)

Adv.N.K.Vijayan & N.V.Seema

19 May 2011

ORDER

 
Complaint Case No. CC/09/59
 
1. Nisha Mohanan Rep by POA Holder N.K.Mohanan
Nambanath House,Ayyanthole
Thrissur
Kerala
...........Complainant(s)
Versus
1. Suryavilasam Kuries & Loans (P) Ltd
Kanimangalam Rep by Chairman K.M.Surendran
Thrissur
Kerala
2. K.M.Surendran
Kottiyattil House,Kanimangalam
Trissur
Kerala
3. K.Viswanathan
Kizhakkoottil House,Panamukku,Nedupuzha
Trissur
Kerala
4. A.T.Jose
Arimboor House,Kanimangalam
Trissur
Kerala
............Opp.Party(s)
 
BEFORE: 
 HONORABLE Padmini Sudheesh PRESIDENT
 HONORABLE Rajani P.S. Member
 HONORABLE Sasidharan M.S Member
 
PRESENT:Adv.N.K.Vijayan & N.V.Seema, Advocate for the Complainant 1
 
ORDER

 

By Sri. M.S. Sasidharan, Member:
 
          The complaint is filed to get back the amount remitted in the kuri conducted by the respondents. The case is that the complainant joined a ticket in the 7th day kuri conducted by the respondents from 7.10.2004 vide account No.18. She has remitted all the 32 instalments at the rate of Rs.1500/-. The said kuri terminated on 7.5.2007. The complainant is entitled to get back Rs.45,000/- after deducting the foreman commission of Rs.3000/-. But the respondents failed to return the amount in spite of several requests. A lawyer notice was issued calling upon the respondents to pay the amount with interest. Even though the 3rd respondent sent a false reply, no amount was paid. Hence the complaint filed.
 
          2. The respondents remained exparte.
 
          3. The complainant filed affidavit and the documents produced in support to her claim are marked as Ext. P1 to P4.
 
          4. The complainant has remitted all the 32 instalments at the rate of Rs.1500/- each in the 7th day kuri conducted by the respondents. She has remitted Rs.48,000/- in the kuri. Rs.3000/- is the foreman commission. So the complainant is entitled to get back Rs.45,000/-. Ext. P1 is the kuri passbook. The remittances of all the 32 instalments were entered in the pass book. As per the variola the price money is stated as Rs.45,000/-. Hence the complainant is entitled to get back Rs.45,000/- with interest from 7.5.07 onwards.
 
          5. There is no evidence to the contrary.
 
          6. In the result the complaint is allowed and the respondents are directed to pay Rs.45,000/- (Rupees forty five thousand only) with interest at the rate of 9% per annum from 7.5.07 till realization together with Rs.500/- (Rupees five hundred 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 19th day of May 2011.
 
 
[HONORABLE Padmini Sudheesh]
PRESIDENT
 
[HONORABLE Rajani P.S.]
Member
 
[HONORABLE Sasidharan M.S]
Member

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