State Consumer Disputes Redressal Commission
Raveendran.P.V, vs Raj Kumar, on 7 May, 2010
Daily Order
First Appeal No. A/09/72
(Arisen out of order dated 16/12/2008 in Case No. CC 182/06 of District Kozhikode)
1. Raveendran.P.V
Kerala
....Appellant
Versus
1. Rajkumar
Kerala
....Respondent
BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU , PRESIDENT HONORABLE SRI.M.K.ABDULLA SONA , Member PRESENT:
None for the Appellant None for the Respondent *JUDGEMENT/ORDER KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM APPEAL NO: 72/2009 JUDGMENT DATED:07..05..2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SHRI.M.K. ABDULLA SONA : MEMBER Raveendran.P.V, S/o Raman Nair, Manager, Manamchira Chits (P) Ltd., : APPELLANT A.G.Road, Behind HPO, Kozhikkode-1.
(By Adv:Sri.Santhosh Kumar) Vs. Raj Kumar, Thejus Trade Links, : RESPONDENT Kaloor Road, Kozhikode. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT
The appellant is the opposite party in CC:182/06 in the file of CDRF, Kozhikkode. The appellant is under orders to pay a sum of Rs.18,000/- to the complainant along with cost of Rs.500/- and compensation of Rs.1000/-.
2. It is the case of the complainant that he was a subscriber to the chitty conducted by the appellant and that he joined in the chitty on 16/7/2002. Altogether he remitted a sum of Rs.68,000/-. Subsequently he felt suspicion about the functioning of the opposite party as it was found that the functionaries were evading the subscribers. The complainant has sought for return of the amount of Rs.68,000/- along with cost.
3. The opposite party has denied the allegation that the opposite party is at the verge of closure. It is pointed out that the chitty would mature only in October 2010.
4. The evidence adduced consisted of the testimony of PW1, RW1 Exts.A1 and A2 and Ext.B1.
5. It is seen that the complainant had auctioned chitty for Rs.1,50,000/- and that the opposite party paid only Rs.50,000/-. The balance amount was not paid as the security was not furnished. It was requested by the complainant to treat as security the amounts deposited by his wife who is a separate subscriber. That cannot be done according to the opposite party/appellant. The above request cannot be allowed as per the rules of the opposite party. It is admitted that the complainant has remitted Rs.68,000/- altogether and thereafter defaulted. Hence the complainant is entitled to get the balance amount of Rs.18,000/- after the date of termination of the chitty. The counsel for the appellant has undertaken that the amount shall be paid after the date of termination of the chitty. As per the terms of the chitty the defaulter is entitled to get the amount paid only after the date of termination of the chitty. Hence the order of the Forum is modified as follows:-
6. The appellant/opposite party will pay Rs.18,000/- to the complainant within 2 months of the date of termination of the chitty failing which the appellant would be liable to pay the above amount and cost of Rs.1000/- and compensation of Rs.1000/- as well.
In the result the appeal is allowed in part.
The LCR will be forwarded to the Forum along with the copy of this order.
JUSTICE K.R.UDAYABHANU: PRESIDENT M.K. ABDULLA SONA : MEMBER VL.
Pronounced Dated the 07 May 2010 [HONORABLE JUSTICE SHRI.K.R.UDAYABHANU] PRESIDENT [HONORABLE SRI.M.K.ABDULLA SONA] Member