PER SHRI.S.M.SHEMBOLE, HON'BLE JUDICIAL MEMBER
Challenge in this appeal is the judgment and order dated 30/08/2011 passed by District Consumer Forum, Akola in CC No.113/2011 partly allowing the complaint directing the appellant/opponent to repay the amount of deposite of Rs.2 lacs with interest @ 6% p.a. to the complainant/Respondent.
Brief facts giving rise to this appeal are that on 1/3/2006, the complainant/Respondent had deposited amount of Rs.2 lacs with the appellant/ Opponent for a period of 3 months and the Opponent had agreed to repay the amount alongwith interest @ 1.10 % per month. Thereafter, the Opponent paid the amount of interest from time to time for 9 months, but, thereafter, failed to repay the amount. Therefore, by notice dated 9/7/2010 the complainant/Respondent demanded the amount but the Opponent/appellant failed to comply the notice. Therefore, the complainant/Respondent has filed complaint before the District Consumer Forum, Akola. Prior to that the Opponent/appellant had issued cheque of Rs.2 lacs, but it was dishonoured and, therefore, the complainant has filed criminal case in the court of JMFC Akola.
In response to the notice, the Opponent/appellant appeared before the District Consumer Forum, Akola but did not file any say resisting the complaint.
On hearing both the sides and considering the evidence on record, the District Consumer Forum allowed the complaint directing the appellant/opponent to repay the amount of deposite of Rs.2 lacs with interest @ 6% p.a. from 1/7/2010 to the complainant/Respondent and also pay Rs.5000/- towards cost of the proceeding.
Feeling aggrieved by that judgment and order, the opponent has filed this appeal.
We heard counsel for both the parties, perused the copy of judgment and order and other documents produced on record.
Mr.Mohta, Adv.for the appellant submitted that the complaint itself is not tenable. According to him, the complainant ought to have filed Civil Suit for recovery. He further submitted that it is not a financial business of the appellant to get such amount deposited and pay the interest. It is submitted that as the Opponent/appellant had not filed written statement, the District Consumer Forum, Akola, relying on the complaint only passed the impugned order etc.
But we find no force in this submission of Mr.Mohta. The documents on record clearly reflect that the amount of Rs.2 lac was deposited by the complainant with the appellant and the appellant had agreed to pay interest thereon. Not only this, but it reflects that the appellant had also paid the amount of interest to the complainant from time to time and also had issued cheque of Rs.2 lac which was dishonored. Considering all these facts, the District Consumer Forum has rightly allowed the complaint. We find no infirmity or any illegality in the impugned order and hence, no interference is warranted.
In the result, the appeal is being devoid of merit deserves to be dismissed summarily.
Hence the order…
ORDER
1) Appeal is dismissed.
2) No order as to cost.
3) Inform the parties accordingly.
Delivered on 19/10/2011.
