1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K. ANIRUDHAN (MEMBER) Smt. P. Radhamoni, the complainant has filed the complaint before this Forum alleging deficiency in service on the part of the opposite party Manager, Kerala State Financial Enterprises Ltd. (A Government of Kerala undertaking). The main contentions of the complainant is as follows:- The complainant was a subscriber in chitty No.4/02 conducted and started on 18.6.02 from the Haripad branch of the KSFE Ltd. The chital No. of the complainant was 47. At the time of joining the said chitty the opposite party had issued the pass book to the complainant; and its period is for 50 months. It is contended that the complainant had remitted the installments properly by remitting the subscription amount at the rate of Rs.2000/- up to 37th installments. Further 8 installments were defaulted and later she had remitted the defaulted amounts in lump. On 14.3.06 onwards the complainant has remitted the amount in time. It is further contended that the amounts remitted on 14.3.06 was not credited in her a/c and it wrongly credited in another a/c No.36578. Since the account was not in proper, the complainant demanded back the remitted amount with interest. But there was no positive response on the part of the opposite party. So the complainant has filed the complaint alleging deficiency in service. 2. Notice was issued to the opposite party and they entered appearance. They have filed version and produce documents Exts. B1 and B2. Complainant has produced 3 documents Exts. A1 to A3. Examined the complainant. 3. Considering the rival contentions of the parties this Forum has raised the issues:- (1) Whether there is any deficiency of service on the part of the opposite party? (2) Whether the complaint is bad for non-joinder of necessary parties. 4. The main contention of the opposite party is that the complainant had remitted only 39 installments. It is contended that the complainant is bad for non-joinder of necessary party and that there is no deficiency in service on the part of the opposite party. It is further contended that the complainant had not remitted the amount from 38th to 45th installments in lump, and that the document pass book is a fabricated document and it does not fulfill the characteristic of a document admissible in evidence. 5. The real contention of the complainant is that the opposite party has not given credit of deposited amount in her account. Instead of that the opposite party has given credit to some other account ie. A/c No.36578. The remittance was on 14.3.2006. Ext.A3 is the original pass book issued by the opposite party, showing the remittance of the credited amount of the complainant. The pass book shown that the complainant remitted the installment amounts up to 37th. It further reveals that regarding 38th installments to 45th installments the opposite party has endorsed as Remitted in the pass book. It also shows that the complainant has remitted the installments from 46th to 48th. The opposite party has collected the above installments from the complainant, after noticing the earlier installments by endorsement Remitted in the pass book. It is to be noted that the opposite party will not accept the 46th installments, if the previous installments are due. So the opposite party cannot deny that the complainant has not remitted the installments from 38th to 45th. From the endorsement, it can be seen that the amounts remitted on 14.3.06 was credited into the A/c No.36578. It is a wrong entry and has to be rectified. Ext.A1 and A2 are the series of cash receipts, showing the remittance by the complainant. Ext.B1 is the Calender and B2 is the Variyola produced by the opposite party. On verification of the above said documents and the oral evidence adduced by the complainant, the contentions of the opposite party lacks bonafides and cannot be accepted. On a perusal of the complaint, affidavit and documents and after detailed hearing of both sides, we are of view that there is deficiency in service and negligence on the part of the opposite party in accepting the installments of chitty amounts from the complainant and noting the same in the pass book. So the complainant is entitled to get back the remitted amounts from 38th installments to 45th installments, since the same is shown in the pass book with endorsement Remitted, by the opposite party. The issue No.1 is found in favour of the complainant. Opposite party is the Manager, KSFE branch office. As per the delegation of powers, the Branch Manager is fully competent to represent the KSFE especially regarding the rectification of certain entry in a pass book. So the complaint is not bad for non-joinder of necessary party. 2nd issue also found in favour of the complainant. 6. Considering the deficiency in service and negligence on the part of the opposite party, the complaint is to be allowed. In the circumstances, we direct the opposite party to return the remitted amounts from 38th to 45 installments together with other remitted amounts with interest to the complainant, with a compensation amount of Rs.2000/- and a cost of Rs.1000/-. We allow the complaint with the direction that the complainant is at liberty to contact the opposite party with necessary documents in respect of her case for getting back the amounts from 1st to 48th installments of her chitty along with interest. We further direct the opposite party to pay the amounts to the complainant within one month from the date of receipt of this order. Complaint allowed. Pronounced in open Forum on this the 29th day of April, 2008. Sd/- SRI. K. ANIRUDHAN : Sd/- SRI. JIMMY KORAH : Sd/- SMT. N. SHAITHA BEEVI: APPENDIX:- Evidence of the complainant:- PW1 - Radhamoni.D. (Witness) Ext.A1 series - Receipts (6 Nos.) Ext.A2 - Receipt for Rs.2000/- Ext.A3 - Pass book Evidence of the opposite party:- Ext.B1 - Calender Ext.B2 - Variyola
