KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM FA.440/09 JUDGMENT DATED 31.8.09 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARANGADHARAN -- MEMBER Thankachan, Proprietor Grace Villa Chit Fund, -- APPELLANT Kodumon P.O. (By Adv.A.Sony) Vs. Yathu Krishnan, Vadivelathu Veedu, -- RESPONDENT Edathitta P.O, Kodumon Rep. by his Grand mother Chandramathi. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the opposite party in CC.190/06 in the file of CDRF, Pathanamthitta. The appellant is under orders to refund a sum of Rs.2,050/- with future interest at 12%. 2.The complainant has sought for return of the amount remitted by him in the chitty conducted by the opposite party. The complainant had ceased to remit the instalments after the 23rd instalment. 3. It is the contention of the appellant that as per the terms of chitty the subscriber on getting the lot he need not pay further instalments and in case there is default the kuri amount remitted can be taken by the foreman. 4. The forum has directed the appellant to return the remitted chitty amount less the foreman’s commission. We find that that there is no provision of law supporting of the contention of the appellant that he is entitled to take the entire amount remitted by the subscriber in case the subscriber commits a default. 5. We find that there is no illegality in the order of the Forum. There is no scope of admitting the appeal. 6. In the result, the appeal is dismissed in-limine. Office is directed to forward the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT VALSALA SARANGADHARAN -- MEMBER S/L
......................JUSTICE SHRI.K.R.UDAYABHANU | |