State Consumer Disputes Redressal Commission
Manamchira Chits (P)Ltd., vs Ambika Rajkumar, on 7 May, 2010
Daily Order
First Appeal No. A/09/71
(Arisen out of order dated 16/12/2008 in Case No. CC 183/06 of District Kozhikode)
1. Raveendran.P.V
Kerala
....Appellant
Versus
1. Ambika Raj kumar
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: 71/2009 JUDGMENT DATED:07..05..2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SHRI.M.K. ABDULLA SONA : MEMBER Manamchira Chits (P)Ltd., R/by its Manager, Raveendran.P.V, S/o Raman Nair, : APPELLANT A.G.Road, Behind HPO, Kozhikode-1.
(By Adv:Sri.Santhoshkumar) Vs. Ambika Rajkumar, W/o C.Rajkumar, Thejus, Athloor.P.O, : RESPONDENT Thavhur Via, Malappuram District. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT
The appellant is the opposite party in CC:183/06 in the file of CDRF, Kozhikkode. The appellant is under orders to pay a sum of Rs.68,000/- with a compensation of Rs.10,000/- and cost of Rs.500/-.
2. It is the case of the complainant that she was a subscriber in the chitty conducted by the opposite party and that she joined in the chitty on 16/07/2002 and remitted 38 instalments. At the time she felt suspicion about the functioning of the company as she heard about subscribers making scenes before the opposite party/company. The functionaries of the company were evading the subscribers who had joined the chitty. Hence she stopped paying further subscriptions and demanded back the sum of Rs.68,000/- that she had already remitted. It is her apprehension that if she waits up to the 100th instalment ie up to 2010 October she would not get anything.
3. The opposite party/appellant has denied the allegation that the company was not functioning properly. It is pointed out that the complainant is a defaulter and that the chitty would terminate only in October 2010.
4. It is submitted by the counsel for the appellant that the appellant/firm is still functioning and there is nothing wrong with the stability of the institution. The counsel has undertaken that the amount shall be paid after the termination of the chitty ie in October 2010 as she is a defaulter and as per the terms of the chitty. He has further undertaken that if the amount is not paid the appellant can be foisted with the liability to pay compensation and cost to the complainant.
5. We find that the Forum has not mentioned any reason for directing to pay the amount before the date of termination of the chitty. We find that there is no case that the opposite party has ceased to function. As per the terms of the chitty the defaulted subscriber is entitled for the amount deposited only after the termination of the chitty. She is a defaulter by admission.
6. In the circumstances, the order of the Forum is modified as follows:-
The appellant/opposite party will pay the amount of Rs.68,000/- within 2 months of the date of termination of the chitty failing which the appellant would be liable to pay the above amount as well as compensation of Rs.10,000/- and cost of Rs.500/-. Appeal is allowed in part as above.
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