By Smt. Padmini Sudheesh, President: The complainant joined in a pooval kuri conducted by the respondents vide statement No.54 and remitted Rs.80,000/- till 4.7.2007. She also joined with two other kuries vide account No.68 and 33 and remitted Rs.4500/- and Rs.4000/- respectively. The respondents-2 to 9 are the Chairman, Director and Board Members of the respondent firm. The functioning of respondent firm was not proper and amount was not accepted later. On 11.5.2007 an amount of Rs.10,000/- was accepted by the complainant from the Class A Kuri. The balance amount remains unpaid and this complaint is filed. 2. The counter of respondents-3, 5, 6, 7 and 8 is to the effect that this complaint is filed only to harass the respondents. The first respondent firm is still functioning and the averment against the functioning of the firm is denied. The Class A kuri is not terminated and it will be terminated only on 2010. So the complainant is not eligible to get the kuri amount before termination. The complainant did not remit the amount towards the kuri as stated in the complaint. There were defaults committed by the complainant. There is no deficiency in service on the part of these respondents. If there is any amount due the first respondent is only liable to pay. Hence dismiss. 3. The 4th respondent filed a statement adopting the counter of respondents-3, 5, 6, 7 and 8. 4. The respondents-1, 2 and 9 remained exparte. 5. The points for consideration are: (1) Is there any deficiency in service from respondents? (2) If so, reliefs and costs. 6. The evidence consists of Exts. P1 and P2 on the part of complainant and no evidence adduced by the respondents. 7. Points: The complaint is filed to get back the amount remitted with the respondent firm by way of chits conducted by the firm. The complainant produced Exts. P1 and P2 passbooks to show the remittances made by him. Ext. P1 is the kuri passbook showing the instalments paid in Class A kuri. According to the complainant, she had remitted Rs.80,000/- in total and Rs.10,000/- was returned by the respondents later. So she claims the balance amount along with interest. But there are two endorsement regarding the payment made by the respondent firm. The first endorsement shows that on 7.10.03 a loan amount of Rs.5000/- paid to the complainant and it is seen closed. Another endorsement is to the effect that passbook loan paid on 11.5.07 Rs.10,000/-. There is no closing of this amount and it can be considered as return of Rs.10,000/- from the amount entitled by the complainant. As per Ext. P2 the complainant credited 20 instalments and each instalment comes to Rs.4000/-. 8. The complainant produced Ext. P1 passbook to show the instalments made towards Account No.68. It shows that she had remitted only 3 instalments of Rs.1500/- each. In the complaint she stated that she had also another kuri in account No.33 and in which Rs.4000/- was paid. But there is no document produced to show that Rs.4000/- was paid towards that kuri. 9. The respondents stated in the counter that the complainant will be entitled to get back the amount stated in Class A kuri only in 2010 because it will be terminated only in 2010. No other serious contentions are raised by the respondents. Ext. P2 is the passbook showing the averments of Class A kuri and would show that the kuri will be terminated on 30th March 2010. Now we are in 2010 April and the amount is not returned so far. The complainant is entitled to get back the amount with interest. She is eligible to get back Ext. P1 amount. The complainant stated in the complaint that she had remitted Rs.4000/- towards another kuri vide account No.33. There is no document produced by her to show that she had joined in such kuri and remitted Rs.4000/-. But the respondents who had filed detailed counter failed to deny this aspect. If there was denial on the part of respondents with regard to this kuri the liability of respondents will be exonerated from the payment of this kuri amount. They failed to deny and the complainant is entitled to get the entire amount she paid. The non-returning of the amount resulted deficiency in service on the part of respondents. 10. In the result, the complaint is allowed and the respondents are directed to return Rs.78,500/- (Rupees seventy eight thousand and five hundred only) 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 13th day of April 2010.
| | HONORABLE Rajani P.S., Member | HONORABLE Padmini Sudheesh, PRESIDENT | HONORABLE Sasidharan M.S, Member | | 
