Between-

1.Sri

   Rep. by its Proprietor,    W/

   R/  

2.P.V.Rama      

…Appellants/And

Dr.B.R.Ambedkar Bronze Statue Committee,

Rep. by its Chairman, S/P.Gannavaram

…Respondent/Complainant.

Counsel for the Appellants                 -

 Counsel for the Respondent             -  

QUORUM  THE HON’BLE MR.JUSTICE D.APPA RAO, HON’BLE PRESIDENT,

SMT.M.SHREESHA

AND

SRI G.BHOOPATHI REDDY, HON’BLE MALE MEMBER.

FRIDAY, THE FIRST DAY OF AUGUST,

TWO THOUSAND EIGHT.

Oral Order (Per

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Heard the learned counsel for the appellants as well as the respondent.

1.         This is an appeal preferred by the opposite parties against the order of the District Consumer Forum-II, East  

2.         The case of the complainant in brief is it had paid Rs.70  Later when the 1^st opposite party insisted, it has paid Rs.40   Despite their they did not make the statue, and therefore, it claimed for refund of Rs.1,10,000/- with interest at 24 percent per annum.

3.         The opposite parties though engaged an advocate did not file counter and even after awarding costs.  The District Forum after perusing Exs.A.1 to A.3 directed the opposite parties to refund a sum of Rs.1,10,000/ with interest at 12 percent per annum from 21.09.1995 on the principal of Rs.70,000/- and on the principal of Rs.40,000/- from 05.11.1997 besides damages of Rs.15,000/- and costs of Rs.2,000/-.

4.         Aggrieved by the said order, the opposite parties preferred this appeal alleging that the costs of Rs.300/- awarded by the District Forum were deposited on 31.03.1998 itself and the counter was also filed along with memo.  However, the office did not bring the said fact to the notice of the District Forum and on the very same day it passed the order directing the opposite parties to pay the aforesaid amounts. 

5.         It is not in dispute that the costs that were awarded were deposited and the counter was filed.  However, even before depositing the costs and filing counter, the District Forum has passed impugned order during the call work itself.  Considering the fact that the District Forum having given time till 31.03.2008 ought to have posted the matter on the next day and after satisfying itself that the order was not complied with,   When dates are fixed, necessarily the parties could comply with the said order before the expiry of the date or closure of court hours.  However, appellants herein though virtually complied with the order of the District   They could have informed the same at the time of call work.  They filed it later.  Considering the latches on the part of the appellants, we direct them to pay Rs.1  Costs accordingly are paid. 

6.         In the result, the appeal is allowed and the order of the District Forum is set aside.  The District Forum is directed to restore CC.No.161/2007.  Since the opposite parties/appellants herein have already filed their counter, the District Forum is directed to receive the same and proceed in accordance with law.  Both parties are directed to appear before the District Forum on 18.08.2008 without insisting for fresh notice.  The appellants are permitted to withdraw the statutory amount deposited under Sec.15 of     

PRESIDENT               LADY MEMBER               MALE MEMBER

Dt-01.08.2008.