DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD Dated this the 31st day of March 2010.
Present : Smt. H. Seena, President : Smt. Preetha G. Nair, Member : Smt. Bhanumathi.A.K, Member C.C.No.98/2009
Vargheese S/o. Kuriakose Thengumpilli Thottathil Pallukurup Mannarkkad Palakkad District - Complainant (Adv.M.C. Kuriachan) Vs
1. The Managing Director Manuelsons Financial Enterprises M O Road Thrissur (Adv. P.M. Ramesan) 2. The Manager Manuelsons Financial Enterprises H P O Road Palakkad. . - Opposite parties (Adv. P.M. Ramesan) O R D E R By Smt. H. Seena, President Case of the complainant
Complainant was a subscriber in the Chitty conducted by the opposite parties. The subscription was for A & B class respectively for a total sala of Rs.84,000/- and Rs.42,000/- Complainant has to pay Rs.1,000/- and Rs.500/- monthly towards the chitty amount. The period of the kuri was from 2001 January to 2007 December. The grievance of the complainant is that even though complainant remitted the whole amount opposite parties has not disbursed the kuri amount to the complainant. Complainant has never took part in any auction and hence opposite parties is bound to disburse the amount once the period is over. Complainant has caused a lawyer notice dated 24/06/2009 to the opposite parties. Opposite parties even after receipt of notice has not taken any positive steps to settle the - 2 - issue. Hence the complaint.
Complainant is claiming a total amount of Rs.1,11,000/- being the amount due for both the kuries together with 12% interest from 01/12/2007 and Rs.25,000/- as compensation for the deficiency in service on the part of opposite parties
The contentions of opposite parties are as follows.
The main contention raised by the opposite parties is that opposite parties has no branch office at Palakkad as stated by the complainant and hence on that ground the forum lacks jurisdiction to entertain the complaint. Further opposite parties totally denies the complaint. Opposite parties denies any transaction between the complainant and opposite parties. Opposite parties has not received any amount from the complainant and hence no amount is due to the complainant also. Hence the complaint is liable to be dismissed.
Complainant filed affidavit. Exhibit A1 to A6 series marked on the side of the complainant. Opposite parties has not filed any affidavit. No documentary evidence on the part of opposite parties.
Heard and perused the relevant documents on record.
Issues for consideration are: Whether there is any deficiency in service on the part of opposite parties? If so, what is the relief and cost complainant is entitled to?
Issues 1 & 2 The definite case of the complainant is that even though the whole subscription amount was paid, opposite parties has not disbursed the kuri amount to the complainant. Opposite parties denies the entire transaction set forth by the complainant.
- 3 - We have carefully gone through the entire evidence on record. Exhibit A1 which is the pass book issued by the opposite parties to the complainant for the monthly chitty clearly reveals the fact that the complainant was a subscriber in the chitty conducted by the opposite parties. In Exhibit A1, it is clearly stated that opposite parties has branch office at Palakkad. Hence the contentions of the opposite parties that the forum lacks jurisdiction to entertain the complaint is unacceptable. As per Exhibit A1, complainant has paid 83 instalments out of 84 instalments. Complainant has claimed 1,11,000/- deducting the foremens commission. Exhibit A1 to A6 clearly proves the case of the complainant. Opposite parties has not adduced any contra evidence. We are of the view that complaint is entitled for the kuri amount less Rs.1,500/- due as last instalment.
In the result complaint allowed. Opposite parties 1 & 2 are directed jointly and severally to pay complainant an amount of Rs.1,09,500/- (1,11,000 – 1,500) with 12% interest from 31/12/2008 to the date of order, together with Rs.2,000/- as compensation and Rs.1,000/- as cost of the proceedings. Order to be complied within one month from the date of order failing which the whole amount shall carry interest at the rate of 9% per annum from the date of order till realization.
Pronounced in the open court on this the 31st day of March 2010.
President (SD)
Member (SD)
Member (SD)
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APPENDIX Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext. A1 – Manuelsons Financial Enterprises (P) Ltd Chitty pass book Ext. A2 - Auction details of Kuri 30 DM- No.20 dated 09/12/2006 Ext. A3 - Auction details of Kuri 30 DM- No.20 dated 09/09/2006
4. Ext. A4 series – Acknowledgement card and copy of lawyer notice 5. Ext. A5 - Prospectus of Manuelsons Financial Enterprises (P) Ltd 6. Ext. A6 series – Temporary receipts issued by Manuelsosns Financial Enterprises5 Exhibits marked on the side of the Opposite Party Nil Forums Exhibits Nil
Costs Allowed (Rs.1000/- Rupees One thousand only)
| | HONORABLE Smt.Bhanumathi.A.K, Member | HONORABLE Smt.Seena.H, PRESIDENT | HONORABLE Smt.Preetha.G.Nair, Member | | 
