KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NO: 342/2004

 JUDGMENT DATED:19-03-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

M.O.Poulose, S/o Ouseph,

Molath House, P.O, Marottichal,                        : APPELLANT

Thrissur District, Kerala.

          Vs.

1.      Tharaka Chitties & Enterprises Pvt. Ltd.,

Kallur Village Desam,

Mukundapuram Taluk,

R/by The Managing Director,

Kallur.P.O, Thrissur District.

                                                                   : RESPONDENTS

2.      Johnson, S/o Devassy,

Vellanikkaran House, P.O.Muttithadi,

Kallur (Via), Thrissur District,

Managing Director,

Tharaka Chitties & Enterprises Pvt. Ltd.,

Kallur, Thrissur District.

                                               JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellant is the complainant in OP.166/02 in the file of CDRF, Thrissur.  The complaint stands dismissed.

2.      It is the case of the complainant that he was a subscriber to the chitty run by the opposite parties.  He auctioned the chitty and deposit the prize money ie Rs.8500/- on 5/2/1993.  The interest rate for the deposit was 20%.   The termination date of the kuri is 26/12/2001.  It was agreed to adjust the interest of the deposit towards the instalments in the kuri and refund the deposited amount with balance interest of the complainant.  After the termination of the kuri when the amount was sought to be refunded the opposite parties were effecting.  Thereafter the complainant sent a lawyer notice.  In the reply notice it is contended that the interest prescribed was only 9%.  The complainant has sought for return of the FD amount.

3.      It is the case of the opposite parties that there is no agreement to pay interest at 20%.  It is the case that the amount was deposited for interest at the rate of 9%.  It is alleged that the complainant has defaulted the instalments and hence he is liable to pay penal interest also.  It is alleged that 19 instalments have been defaulted. 

4.      The evidence adduced consisted of Exts.P1 to P4 and R1 to R5.Ext.P1 is the FD receipt produced by the complainant.  The Forum has mentioned that the same is copy of Ext.R1 and the figure of 20 indicating 20% interest has been inserted in Ext.P1. The same is blank in Ext.R1.  On a perusal of Ext.P1 and R1 we cannot agree with the finding of the Forum at all.  Ext.P1 is an original FD receipt wherein the rate of interest is mentioned as 20%.  In Ext.R1 the claim with respect to interest is left blank.  In Ext.R2 (a) said to be counterfoil also the rate of interest is not mentioned.  In the circumstances we find that the case of the complainant based on Ext.P1 appears true.  The finding of the Forum on the basis of incorrect premise is set aside.  The appeal is allowed.  The opposite parties/respondents are directed to pay to the complainant Rs.8500/- with interest at 9% from 26/12/2001 the date of termination of the kuri.  The complainant will also be entitled cost of Rs.5000/-.  The amounts are to be paid within 3 months from the date of receipt of this order, failing which the complainant will be entitled interest at 12% per annum from 19/3/2011 the date of this order.

In the result the appeal is allowed as above.

Office will forward the LCR along with copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

VL.