MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD. Vs. RADHAMANY

JUDGEMENT

(1.) The present Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"?) has been preferred by the Complainant against the order dated 08.02.2010 in First Appeal No. 666 of 2009 passed by the Kerala State Consumer Disputes Redressal Commission (for short "the State Commission"?). By the impugned order, the State Commission has dismissed the Appeal preferred by the Kerala State Financial Enterprises Ltd. (for short "KSFE"?) and upheld the order of the District Consumer Disputes Redressal Forum Vazhuthacaud (for short "the District Forum"?) vide which the District Forum disposed of the Complaint in the following manner:-

(2.) Briefly put the facts of the case are that the Complainant is the subscriber of the Chit conducted by the KSEF bearing No. 20/2000 for an amount of 1,00,000/- for a duration of 100 months. She used to regularly pay the installments. On 16.09.2004 when she went to KSEF to deposit her instalment, she was informed by the accountant that her chit had already been auctioned. She immediately approached the Branch Manager who informed her that the chit was auctioned in her favour on 18.08.2003 and the intimation qua the same was sent to her through post. She approached postal authorities who informed her that they never received any article from KSFE. It is averred that on learning this, she again approached KSFE but the officials of KSEF behaved very badly with her. She sent notices but KSFE did not respond. Aggrieved, the Complainant filed the Complaint before the District Forum seeking the following reliefs:-

(3.) KSFE filed their Written Version to the effect that as per the terms they are bound to inform any subscriber and it is for the subscriber to enquire from the Branch and understand the result of each auction. However, despite this KSFE informed the Complainant about the result of the auction. They enquired with Attingal Post Office about the letter, informing the Complainant about the result and the Post Office informed them that letter was duly dispatched on 22.08.2003. A subsequent letter was also sent by the Opposite party under certificate of posting on 25.10.2004 but the Complainant did not turn up to receive the prize money by producing surety. KSFE is willing to release the prize money as and when the Complainant produces the surety as per their rules.