KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

                     VAZHUTHACAUDTHIRUVANANTHAPURAM      

                                       APPEAL NO.342/10

                             JUDGMENT DATED 27.10.2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU            --  PRESIDENT

SRI.S.CHANDRAMOHAN NAIR                     --  MEMBER

R.Asokan,

S.N.Vilasom, Thazhamel,                                      --  APPELLANT

Anchal.P.O, Kollam.

   (By Adv.Adv.Radhakrishnan)

                    Vs.

1.      The Managing Director                                                                                  Kerala State Financial Enterprises Ltd.,

          Registered Office, Bhadratha,

          P.B.No.1. Museum Road,

Thrissur.

2.      The Manager,                                           --  RESPONDENTS

          KSFE Ltd, Paripally Branch,

          Paripally, Kollam Dist.

            (By Adv.P.K.Venugopal & Ors.)

 JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU,PRESIDENT

          The appellant is the complainant /subscriber in the 39 chitty of the opposite party.  The complainant has sought for realization of Rs.21,750/- towards compensation and costs.

            It is the case of the complainant that the complainant had given a proxy to the opposite party.    But, after auctioning the chitty in the name of the complainant, the same was not intimated.  Hence, he had to borrow  from the money lenders for  the business run by him.

          The opposite parties had denied the allegations and it was pointed out that  with respect another chitty involving  the same procedures  the complainant had approached the opposite parties and withdrawn the amount and yet the facts as to the impugned chitty was not conveyed to the complainant.

          The evidence adduced consisted of the testimony of  PW1, DW1, Exts. P1 to P9, D1   and D2.

          The Forum dismissed the complaint on the ground that the opposite parties are not bound to intimate the pricing of the chitty to the subscriber as per the terms of the proxy.  It is also noted that the complainant had approached the opposite party and received the amounts due with respect to another chitty.

          At the time of hearing, it was submitted by the counsel for the  opposite parties that the complainant had agreed to receive the amount offered by the opposite parties ie. 35,000/- + interest at 5.5 % stipulated for Sugama deposit for Rs.49277/-.  The counsel for the opposite parties has stated   that the complainant had intimated the opposite party vide letter dated 28/7/10 that he  is  willing to accept the amount of Rs. 49277/-.  The entire installments of the chitty were remitted by the complainant.

          In the circumstances, the opposite parties/respondents are directed to make the payment of Rs.49277/- with the same rate of interest on the principal amount till the date of payment.  The appellant should make the payment  within one month from the date of receipt of copy of this order, failing which the complainant would be entitled for interest at 12% per annum from the date of this order.  The appeal is allowed in part as above.

          Office will forward copy of this order to the Forum urgently.

JUSTICE  K.R.UDAYABHANU --  PRESIDENT

 S.CHANDRAMOHAN NAIR           --  MEMBER

S/L