KERALA STATE FINANCIAL ENTERPRISES Vs. P.VIJAYAKUMAR

JUDGEMENT

(1.) THE appellants are the opposite parties, K.S.F.E. authorities, Nedumangad Branch who are under orders to pay to the complainant, a sum of Rs. 70,000 with interest at 14.5% from 18.8.1999 till payment and also to pay Rs. 12,000 as compensation and Rs. 1,000 as cost.

(2.) THE case of the complainant is that he was a subscriber with the opposite parties of Chitty No. 12/99 and that his Chittal No. is 22 with monthly subscription of Rs. 1,000 and the sale is Rs. 1 lakh. After remitting six instalments, in the lots taken his Chital No. was selected. But subsequently when he went to comply with the formalities to receive the amount on 17.9.1999, the opposite parties made an entry over the figure 22 as 23, and informed that his Chital number is 23. After he has been selected in the lots, according to the complainant, the first appellant has manipulated the documents. He has borrowed a sum of Rs. 55,000 and had to return the same. As the priced chit amount was not paid he was sustained very serious losses.

(3.) THE opposite parties/appellants have contended that it was only a clerical mistake that in the Pass Book the number was entered as 22. It is mentioned that in all the original documents the Chittal No. of the complainant is noted as 23. Further the complainant has not participated in the lots taking on 18.8.1999. The proxy was filed only on 17.9.1999.