By Smt. Padmini sudheesh, President<br /> <br /> Petitioner’s case is as follows:<br /> <br /> The 2nd respondent is the Managing Partneer and the 3rd and 4th respondents are the partners of the 1st respondent. The petitioner was an account holder of 1st respondent and from 19/10/00 to 3/11/03 on various dates he had deposited Rs.85,000/- in the 1st respondent institution. The entries are in the pass book. When the petitioner demanded the amount they did not return and lawyer notice sent. The notice was accepted and no reply and no remedy. Hence the complaint.<br /> <br /> 2. The notice from the Forum is served but not turned up. On 30/11/05, R1, R2 and R3 called absent and declared exparte. The notice of R4 is published in news paper and set exparte. IA.582/06 is filed by R1 to R3 to set aside exparte order. The petition is allowed on 30/11/05 on payment of cost of Rs.500/-. So far no cost is paid. So the respondents remain exparte.<br /> <br /> 3. To prove the case of the petitioner he has filed Affidavit and documents. The documents are marked as Exts. P1, P2, P3 series (3 Nos.) and P4 series (2 Nos.). <br /> <br /> 4.Heard the counsel.<br /> <br /> 5.Acccording to the petitioner he is entitled for the amount deposited and 12% interest and compensation. There is no counter evidence to the evidence of petitioner.<br /> <br /> 6. So the petition is allowed and the respondents are directed to return the amount deposited as per Ext. P1 and 12% interest till realization. No order as to cost and compensation. Comply the order within one month.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open forum this the 5th day of May 2008.<br /> <br />