22/12/2011
CC.376/08
Complainant : T.G.Biju, Thayyil House, P.O.Nedupuzha, Thrissur.
(By Adv.K.G.Raghunathan, Thrissur)
Respondents : 1. Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur rep. by Chairman.
2. K.L.Surendran, Chairman, Sooryavilasam Kuries &
Loans (P) Ltd., Kottiyattil House, P.O.Kanimangalam,
Thrissur.
(By Adv.P.B.Rajeev, Thrissur for R2)
3. A.T.Jos, Arimboor House, Kanikangalam.P.O.,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
4. M.G.Vijayan, Melveettil House, Kanikangalam.P.O.,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
5. K.K.Venugopalan, Krishna Kripa, Kinoor House,
Alumvettuvazhi, P.O.Koorkkenchery, Director,
Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
6. P.A.Joju, Perinchery House, Chiyyaram.P.O.,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
7. P.G.Babu, Perinchery House, Chiyyaram.P.O.,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
8. T.K.Krishnan, Thazhathuveettil House,Panamukku,
P.O.Nedupuzha, Director, Sooryavilasam Kuries &
Loans (P) Ltd., Kanimangalam, Thrissur.
9. K.Viswanathan, Kizhakoot House, Panamukku,
P.O.Nedupuzha, Director, Sooryavilasam Kuries &
Loans (P) Ltd., Kanimangalam, Thrissur.
10.K.K.Bhaskaran, Kanipayoor House, P.O.Kanipayoor,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
(By Adv.K.Gopinathan, Thrissur for R3,R4,R5,
R6,R7,R9&R10)
CC.377/08
Complainant : T.G.Biju, Thayyil House, P.O.Nedupuzha, Thrissur.
(By Adv.K.G.Raghunathan, Thrissur)
Respondents : 1. Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur rep. by Chairman.
2. K.L.Surendran, Chairman, Sooryavilasam Kuries &
Loans (P) Ltd., Kottiyattil House, P.O.Kanimangalam,
Thrissur.
(By Adv.P.B.Rajeev, Thrissur for R2)
3. A.T.Jos, Arimboor House, Kanikangalam.P.O.,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
4. M.G.Vijayan, Melveettil House, Kanikangalam.P.O.,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
5. K.K.Venugopalan, Krishna Kripa, Kinoor House,
Alumvettuvazhi, P.O.Koorkkenchery, Director,
Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
6. P.A.Joju, Perinchery House, Chiyyaram.P.O.,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
7. P.G.Babu, Perinchery House, Chiyyaram.P.O.,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
8. T.K.Krishnan, Thazhathuveettil House,Panamukku,
P.O.Nedupuzha, Director, Sooryavilasam Kuries &
Loans (P) Ltd., Kanimangalam, Thrissur.
9. K.Viswanathan, Kizhakoot House, Panamukku,
P.O.Nedupuzha, Director, Sooryavilasam Kuries &
Loans (P) Ltd., Kanimangalam, Thrissur.
10.K.K.Bhaskaran, Kanipayoor House, P.O.Kanipayoor,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
(By Adv.K.Gopinathan, Thrissur for R3,R4,R5,
R6,R7,R9&R10)
CC.375/08
Complainant : T.G.Biju, Thayyil House, P.O.Nedupuzha, Thrissur.
(By Adv.K.G.Raghunathan, Thrissur)
Respondents : 1. Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur rep. by Chairman.
2. K.L.Surendran, Chairman, Sooryavilasam Kuries &
Loans (P) Ltd., Kottiyattil House, P.O.Kanimangalam,
Thrissur.
(By Adv.P.B.Rajeev, Thrissur for R2)
3. A.T.Jos, Arimboor House, Kanikangalam.P.O.,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
4. M.G.Vijayan, Melveettil House, Kanikangalam.P.O.,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
5. K.K.Venugopalan, Krishna Kripa, Kinoor House,
Alumvettuvazhi, P.O.Koorkkenchery, Director,
Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
6. P.A.Joju, Perinchery House, Chiyyaram.P.O.,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
7. P.G.Babu, Perinchery House, Chiyyaram.P.O.,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
8. T.K.Krishnan, Thazhathuveettil House,Panamukku,
P.O.Nedupuzha, Director, Sooryavilasam Kuries &
Loans (P) Ltd., Kanimangalam, Thrissur.
9. K.Viswanathan, Kizhakoot House, Panamukku,
P.O.Nedupuzha, Director, Sooryavilasam Kuries &
Loans (P) Ltd., Kanimangalam, Thrissur.
10.K.K.Bhaskaran, Kanipayoor House, P.O.Kanipayoor,
Director, Sooryavilasam Kuries & Loans (P) Ltd.,
Kanimangalam, Thrissur.
(By Adv.K.Gopinathan, Thrissur for R3,R4,R5,
R6,R7,R9&R10)
COMMON JUDGEMENT
By Smt.Rajani.P.S., Member
CC.376/08
The complainant’s case is as follows: The complainant had joined in the pooval kuri conducted by the respondents vide statement No.89 and had remitted Rs.4,000/- towards each instalment from August 2000. He had remitted 20 instalments upto March 2007. As the respondents closed the firm he could not remit the further instalments. The said kuri is to be matured on March 2010. He demanded the paid amount many times. But not returned so far.
2. The respondents 1 and 8 remained exparte
3. The counter filed by the 2nd respondent is as follows: This respondent is an unnecessary party. This respondent is not the Chairman of the 1st respondent firm. He is not aware of the kuri transaction with the complainant. The complainant never demanded any amount. This respondent had resigned from the respondent firm due to personal reasons from the post of Chairman on 6/9/07. The complainant is well aware of these facts and hence the complaint is filed falsely. This respondent does not know that the 1st respondent firm was closed. This respondent never cheated any one. According to this respondent the 1st firm is working now also. The complaint is time barred. The present Chairman of the 1st respondent firm is to be impleaded. Hence dismiss.
4. The counter filed by the respondents 3,4,5,7 and 9 : The 1st respondent firm is working now. So the allegation made against this is false. The said 4th pooval kuri is not matured. The complainant is not entitled to get back kuri amount after termination of kuri. The complainant never paid the alleged amount as mentioned in the complaint. He never received prize and not given any receipt to that. It is denied that the complainant demanded the paid kuri amount. The complainant is not entitled to get any amount from these respondents and so not liable to pay any amount to the complainant. Hence dismiss.
CC.377/08
5. The complainant’s case is that he had joined a 4th day pooval kuri vide statement No.86 in the respondent firm. Each instalment amount was Rs.4,000/-. He got prize in the said kuri on 4/3/01. He deposited the prize amount of Rs.50,000/- received as security amount towards the said kuri and the respondents had issued a receipt for the same. He paid towards the kuri upto 4/3/07. After that the respondent company was closed. The above said deposit receipt became due on 18/7/04. The respondents are liable to return the deposited amount with interest after 36 months. He repeatedly demanded the said amount. But not returned so far.
6. Respondents 1 and 8 called absent and set exparte.
7. The counter of respondents 2 to 7, 9 and 10 are same as in CC.376/08.
CC.375/08
8.The complainant’s case is that he joined a kuri in the respondent firm vide statement NO.42 with a monthly instalment of Rs.600/-. He paid towards the said kuri from April 2003 to June 2007. But after that he could not remit the further instalments as the firm was closed. The said kuri is to be matured on 21/11/07. He demanded to return the paid kuri amount. But not returned. Hence the complaint.
9. Respondents 1 and 8 remained exparte.
10.The counter of respondents 2 to 7, 9 and 10 is same as above.
11. Common points for consideration are :
1) Was there any deficiency in service on the part of the respondents ?
2) If so reliefs and costs ?
12. The evidence consists of Exhibits P1 to P3 and the oral testimony of PW1. No evidence adduced by the respondents.
13. All the three complaints were filed by the same complainant against the respondents for the return of the kuri amounts and kuri security amount. CC.376/08 was filed to get back the remitted kuri amount of 20 instalments. The firm remain closed after these instalments and hence was not able to remit the further instalments. The kuri got matured on March 2010. CC.377/08 was filed to return the deposited amount of Rs.50,000/- with interest from 18/7/04 which was deposited as kuri security deposit towards the pooval kuri having statement No.86. The security deposit was made on 4/3/04 and it became due on 18/7/04. He continuously paid the kuri upto 4/3/07 and could not remit further instalments as respondent firm was closed. Hence to return Rs.50,000/- with interest from 18/7/04. CC.375/08 was filed to return the remitted monthly kuri amount of kuri statement No.42. He paid upto June 2007 and could not remit further as the firm was closed. The said kuri was matured on 21/11/07.
14. The respondents 2 to 7, 9 and 10 denied all the facts in the complaint. The 2nd respondent in his counter has stated that as he was retired from the respondent firm on 6/9/07 he is not liable to pay any amount. In his knowledge the respondent firm is working now. The other respondents also stated that the respondent firm is working now also. The complainant is entitled to get back the kuri amount after termination of the kuri.
15.Exhibit P1 shows that the pooval kuri vide statement No.89 was paid regularly upto 21/3/07 and it terminates on 4/3/10. Exhibit P2 is the pass book of monthly kuri and it shows that kuri was regularly remitted upto 21/6/07 and got terminated on 21/11/07. Exhibit P3 is the security deposit receipt of 4th day pooval kuri as per statement No.86 for Rs.50,000/-. It shows that the deposit was made on 18/7/01 and due date as 18/7/04 and further states that repayable after 36 months with interest at the rate of 15% per annum on furnishing other approved securities for the said kuri liability. The complainant’s case is that he could not furthercontinue the kuri only because of the nonfunctioning of the respondent firm. PW1 deposed in favour of his case and had stated that kuri was defaulted only as the respondent firm was closed. The respondents denied these fact in their counter. But they never produced any document to prove that the firm is working now. The 2nd respondent had stated that as he had retired from the firm on 6/9/07 he has no liability. But all the three transactions were made before this period and not produced any document to prove that he had retired from the firm on 6/9/07. Hence he is also liable to return the amount. So all the respondents are jointly and severally liable to return the Exhibit P1 to P3 amount.
16.So the respondents failed to prove their case and are liable to return the Exhibit P1 amount with 12% interest from 4/3/10 and Exhibit P2 amount with 12% interest from 21/11/07. The backside of Exhibit P3 shows the endorsement of interest paid upto 18/3/07. So the complainant is entitled to get the Exhibit P3 amount of Rs.50,000/- with 12% interest from 18/3/07.
17.In the result all the complaints are allowed and the respondents are directed to return Exhibit P1 and P2 pass book amounts with 12% interest from the date of termination till realization and Exhibit P3 amount with 12% interest from 18/3/07 till realization and also to pay Rs.2,000/- as costs within two months from the date of receipt of copy of this order.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 22nd day of December 2011.
Sd/-
Rajani.P.S., Member
Sd/-
Padmini Sudheesh, President
Sd/- M.S.Sasidharan, Member
Appendix
Complainant’s Exhibits
Ext. P1 Pass book as per St.No.89
Ext. P2 Pass book as per St.No.42
Ext. P3 Security deposit receipt
Complainant’s witness
PW1 – T.G.Biju
Id/-
Member
