BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL
COMMISSION:HYDERABAD.
F.A.No.306/2009 against C.D.No.87/2006, Dist.Forum, Warangal .
Between:
1.M/s. Vishaka Financiers ( Regd. No.07208/1992),
IIIrd floor, Raganna Darwaja, Hanamkonda,
Rep. by Managing Partner Allenki Eshwar Prasad,
S/o.Shankaraiah, aged 36 years, Occ:Business,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazaar,
Hanamkonda, Warangal.
2. Smt. Menumalapally Padma, W/o. Ramanujam,
Aged 52 years, Occ:House wife , H.No.5-7-58,
Lashkar Bazaar, Hanamkonda, Warangal. …Appellants/
Opp.parties
1 & 2
And
1.Gannu Harika, D/o.Krishna Murthy,
Aged 20 years, Occ:Student,
H.No.15-2-264, Rangampet, Warangal. …Respondent/
Complainant
2. Allenki Eshwar Prasad, S/o.Shankaraiah,
Age : 28 years, Occ:Business & Managing Partner,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazar,
Hanamkonda. … Respondent/
Opp.party no.3
(Respondent no.2 is not necessary party)
F.A.No.522/2009 against C.D.No.88/2006, Dist.Forum, Warangal .
Between:
1.M/s. Vishaka Financiers ( Regd. No.07208/1992),
IIIrd floor, Raganna Darwaja, Hanamkonda,
Rep. by Managing Partner Allenki Eshwar Prasad,
S/o.Shankaraiah, aged 36 years, Occ:Business,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazaar,
Hanamkonda, Warangal.
2. Smt. Menumalapally Padma, W/o. Ramanujam,
Aged 52 years, Occ:House wife , H.No.5-7-58,
Lashkar Bazaar, Hanamkonda, Warangal. …Appellants/
Opp.parties
1 & 2
And
1.Gannu Harika, D/o.Krishna Murthy,
Aged 20 years, Occ:Student,
H.No.15-2-264, Rangampet, Warangal. …Respondent/
Complainant
2. Allenki Eshwar Prasad, S/o.Shankaraiah,
Age : 28 years, Occ:Business & Managing Partner,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazar,
Hanamkonda. … Respondent/
Opp.party no.3
( Respondent no.2 is not necessary party)
F.A.No.523/2009 against C.D.No.89/2006, Dist.Forum, Warangal .
Between:
1.M/s. Vishaka Financiers ( Regd. No.07208/1992),
IIIrd floor, Raganna Darwaja, Hanamkonda,
Rep. by Managing Partner Allenki Eshwar Prasad,
S/o.Shankaraiah, aged 36 years, Occ:Business,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazaar,
Hanamkonda, Warangal.
2. Smt. Menumalapally Padma, W/o. Ramanujam,
Aged 52 years, Occ:House wife , H.No.5-7-58,
Lashkar Bazaar, Hanamkonda, Warangal. …Appellants/
Opp.parties
1 & 2
And
1.Smt. Gannu Rama Devi, W/o.Krishna Murthy,
Aged 39 years, Occ:Housewife,
H.No.15-2-264, Rangampet, Warangal. …Respondent/
Complainant
2. Allenki Eshwar Prasad, S/o.Shankaraiah,
Age : 28 years, Occ:Business & Managing Partner,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazar,
Hanamkonda. … Respondent/
Opp.party no.3
( Respondent no.2 is not necessary party)
F.A.No.524/2009 against C.D.No.90/2006, Dist.Forum, Warangal .
Between:
1.M/s. Vishaka Financiers ( Regd. No.07208/1992),
IIIrd floor, Raganna Darwaja, Hanamkonda,
Rep. by Managing Partner Allenki Eshwar Prasad,
S/o.Shankaraiah, aged 36 years, Occ:Business,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazaar,
Hanamkonda, Warangal.
2. Smt. Menumalapally Padma, W/o. Ramanujam,
Aged 52 years, Occ:House wife , H.No.5-7-58,
Lashkar Bazaar, Hanamkonda, Warangal. …Appellants/
Opp.parties
1 & 2
And
1Smt. Gannu Rama Devi, W/o.Krishna Murthy,
Aged 39 years, Occ:Housewife,
H.No.15-2-264, Rangampet, Warangal. …Respondent/
Complainant
2. Allenki Eshwar Prasad, S/o.Shankaraiah,
Age : 28 years, Occ:Business & Managing Partner,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazar,
Hanamkonda. … Respondent/
Opp.party no.3
( Respondent no.2 is not necessary party)
F.A.No.525/2009 against C.D.No.91/2006, Dist.Forum, Warangal .
Between:
1.M/s. Vishaka Financiers ( Regd. No.07208/1992),
IIIrd floor, Raganna Darwaja, Hanamkonda,
Rep. by Managing Partner Allenki Eshwar Prasad,
S/o.Shankaraiah, Aged 36 years, Occ:Business,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazaar,
Hanamkonda, Warangal.
2. Smt. Menumalapally Padma, W/o. Ramanujam,
Aged 52 years, Occ:House wife , H.No.5-7-58,
Lashkar Bazaar, Hanamkonda, Warangal. …Appellants/
Opp.parties
1 & 2
And
1 Gannu Krishna Murthy,S/o.Kedari,
Aged 46 years, Occ: Doctor,
H.No.15-2-264, Rangampet, Warangal. …Respondent/
Complainant
2. Allenki Eshwar Prasad, S/o.Shankaraiah,
Age : 28 years, Occ:Business & Managing Partner,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazar,
Hanamkonda. … Respondent/
Opp.party no.3
( Respondent no.2 is not necessary party)
F.A.No.526/2009 against C.D.No.92/2006, Dist.Forum, Warangal .
Between:
1.M/s. Vishaka Financiers ( Regd. No.07208/1992),
IIIrd floor, Raganna Darwaja, Hanamkonda,
Rep. by Managing Partner Allenki Eshwar Prasad,
S/o.Shankaraiah, aged 36 years, Occ:Business,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazaar,
Hanamkonda, Warangal.
2. Smt. Menumalapally Padma, W/o. Ramanujam,
Aged 52 years, Occ:House wife , H.No.5-7-58,
Lashkar Bazaar, Hanamkonda, Warangal. …Appellants/
Opp.parties
1 & 2
And
1 Gannu Anusha ,D/o.Kedari,
Aged 20 years, Occ: Student,
H.No.15-2-264, Rangampet, Warangal. …Respondent/
Complainant
2. Allenki Eshwar Prasad, S/o.Shankaraiah,
Age : 28 years, Occ:Business & Managing Partner,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazar,
Hanamkonda. … Respondent/
Opp.party no.3
( Respondent no.2 is not necessary party)
F.A.No.527/2009 against C.D.No.93/2006, Dist.Forum, Warangal .
Between:
1.M/s.Vishaka Financiers ( Regd. No.07208/1992),
IIIrd floor, Raganna Darwaja, Hanamkonda,
Rep. by Managing Partner Allenki Eshwar Prasad,
S/o.Shankaraiah, aged 36 years, Occ:Business,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazaar,
Hanamkonda, Warangal.
2. Smt. Menumalapally Padma, W/o. Ramanujam,
Aged 52 years, Occ:House wife , H.No.5-7-58,
Lashkar Bazaar, Hanamkonda, Warangal. …Appellants/
Opp.parties
1 & 2
And
1 Gannu Anusha ,D/o.Kedari,
Aged 20 years, Occ: student,
H.No.15-2-264, Rangampet, Warangal. …Respondent/
Complainant
2. Allenki Eshwar Prasad, S/o.Shankaraiah,
Age : 28 years, Occ:Business & Managing Partner,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazar,
Hanamkonda. … Respondent/
( Respondent no.2 is not necessary party)
F.A.No.528/2009 against C.D.No.94/2006, Dist.Forum, Warangal .
Between:
1.M/s.Vishaka Financiers ( Regd. No.07208/1992),
IIIrd floor, Raganna Darwaja, Hanamkonda,
Rep. by Managing Partner Allenki Eshwar Prasad,
S/o.Shankaraiah, aged 36 years, Occ:Business,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazaar,
Hanamkonda, Warangal.
2. Smt. Menumalapally Padma, W/o. Ramanujam,
Aged 52 years, Occ:House wife , H.No.5-7-58,
Lashkar Bazaar, Hanamkonda, Warangal. …Appellants/
Opp.parties
1 & 2
And
1 Dr.G.Krishna Murthy,S/o.Kedari,
Aged 46 years, Occ: Doctor,
H.No.15-2-264, Rangampet, Warangal. …Respondent/
Complainant
2. Allenki Eshwar Prasad, S/o.Shankaraiah,
Age : 28 years, Occ:Business & Managing Partner,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazar,
Hanamkonda. … Respondent/
Opp.party no.3
( Respondent no.2 is not necessary party)
F.A.No.529/2009 against C.D.No.95/2006, Dist.Forum, Warangal .
Between:
1.M/s.Vishaka Financiers ( Regd. No.07208/1992),
IIIrd floor, Raganna Darwaja, Hanamkonda,
Rep. by Managing Partner Allenki Eshwar Prasad,
S/o.Shankaraiah, aged 36 years, Occ:Business,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazaar,
Hanamkonda, Warangal.
2. Smt. Menumalapally Padma, W/o. Ramanujam,
Aged 52 years, Occ:House wife , H.No.5-7-58,
Lashkar Bazaar, Hanamkonda, Warangal. …Appellants/
Opp.parties
1 & 2
And
1 Gannu Rama Devi , W/o.Krishna Murthy,
Aged 41 years, Occ: House wife,
H.No.15-2-264, Rangampet, Warangal. …Respondent/
Complainant
2. Allenki Eshwar Prasad, S/o.Shankaraiah,
Age : 28 years, Occ:Business & Managing Partner,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazar,
Hanamkonda. … Respondent/
Opp.party no.3
( Respondent no.2 is not necessary party)
F.A.No.530/2009 against C.D.No.96/2006, Dist.Forum, Warangal .
Between:
1.M/s.Vishaka Financiers ( Regd. No.07208/1992),
IIIrd floor, Raganna Darwaja, Hanamkonda,
Rep. by Managing Partner Allenki Eshwar Prasad,
S/o.Shankaraiah, aged 36 years, Occ:Business,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazaar,
Hanamkonda, Warangal.
2. Smt. Menumalapally Padma, W/o. Ramanujam,
Aged 52 years, Occ:House wife , H.No.5-7-58,
Lashkar Bazaar, Hanamkonda, Warangal. …Appellants/
Opp.parties
1 & 2
And
1 B.Susheelamma(Died per LR) Krishna Murthy,
S/o.Kedari,Aged 46 years,Occ:Doctor.,
H.No.15-2-264, Rangampet, Warangal. …Respondent/
Complainant
2. Allenki Eshwar Prasad, S/o.Shankaraiah,
Age : 28 years, Occ:Business & Managing Partner,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazar,
Hanamkonda. … Respondent/
Opp.party no.3
( Respondent no.2 is not necessary party)
F.A.No.531/2009 against C.D.No.97/2006, Dist.Forum, Warangal .
Between:
1.M/s.Vishaka Financiers ( Regd. No.07208/1992),
IIIrd floor, Raganna Darwaja, Hanamkonda,
Rep. by Managing Partner Allenki Eshwar Prasad,
S/o.Shankaraiah, aged 36 years, Occ:Business,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazaar,
Hanamkonda, Warangal.
2. Smt. Menumalapally Padma, W/o. Ramanujam,
Aged 52 years, Occ:House wife , H.No.5-7-58,
Lashkar Bazaar, Hanamkonda, Warangal. …Appellants/
Opp.parties
1 & 2
And
1 Gannu Harika, D/o. Krishna Murthy,
Aged 20 years,Occ:Student.,
H.No.15-2-264, Rangampet, Warangal. …Respondent/
Complainant
2. Allenki Eshwar Prasad, S/o.Shankaraiah,
Age : 28 years, Occ:Business & Managing Partner,
R/o.H.No.5-7-51, Upstairs, Lashkar Bazar,
Hanamkonda. … Respondent/
Opp.party no.3
( Respondent no.2 is not necessary party)
Counsel for the appellants : M/s.V.Viswanatham
(in all the appeals)
Counsel for the respondent : Admission stage.
CORAM:THE HON’BLE JUSTICE SRI D.APPA RAO,PRESIDENT,
SMT.M.SHREESHA, HON’BLE MEMBER
AND
SRI K.SATYANAND,HON’BLE MEMBER
TUESDAY, THE SIXTEENTH DAY OF JUNE,
TWO THOUSAND NINE.
Oral Order : (Per Smt.M.Shreesha , Hon’ble Member. )
***
Aggrieved by the order in C.D.No.87/2006 on the file of District Forum, Warangal , opposite parties 1 and 2 preferred this appeal.
The brief facts as set out in the case are that the complainant deposited an amount of Rs.10,000/- with the Opposite Parties Financiers who issued a Fixed Deposit Receipt no.1477 dated 19.12.95 in the name of the complainant agreeing to return the amount with 18% interest from the date of the said fixed deposit receipt. Several times the complainant requested the opposite parties to return the F.D. amount but they failed to return the amount. There is no specific time limit for the maturity amount and the opposite parties only informed the complainant that the amount would be returned with 18% interest from 19.12.95 . Hence the complaint seeking direction to the opposite parties 1 to 3 jointly and severally to return an amount of Rs.10,000/- with interest @ 18% p.a. from 19.12.1995 and to award compensation.
Opposite parties 2 & 3 filed counter stating that opposite partyno.1 is the partnership firm registered under Indian Partnership Act consisting of 12 partners who are the following :
1.Smt.Menumalapally Padma Ramanujam
2.Smt.Anumulapally Rama Devi.
3. Allenki Eshwar Prasad.
4. Smt. Allenki Anitha.
5. Smt.Anchuri Suguna.
6. Babbula Vijay Kumar.
7. Kum.Babbula Latha.
8. Kandakatla Veera Chandrashekar.
9. Divvela Sridhar.
10. Kandakatla Nageshwar Rao.
11. Smt.Malluri Padma.
12. Mukka Satynarayana. .
They contend that the complainant never joined nor deposited any sort of amount as fixed deposit and states that the said certificate was forged and fabricated and opposite party no.1 never issued deposit certificate to the complainant who never agreed to pay 18% interest and the complaint is barred by limitation as the Firm is closed in the year 1996 itself.
The complainant filed affidavit in lieu of chief examination and Exs.A1 and A2 were marked on her behalf. Opposite party, Menumalapally Padma filed affidavit in lieu of chief examination and Ex.B1 is marked on her behalf. The District Forum based on the evidence adduced and the pleadings put forward allowed the complaint directing the opposite parties jointly and severally to pay an amount of Rs.10,000/- with interest at 7.5% p.a. from the date of filing of the complaint till the date of realization together with costs of Rs.500/-.
Aggrieved by the said order opposite parties 1 and 2 preferred this appeal.
The first contention of the learned counsel for the appellants/opposite parties 1 and 2 is that the complaint is barred by limitation. He submitted that the cause of action arose on 19.12.1995 and alleged that the fixed deposit receipt was issued in the name of the complainant and that the complainant should have claimed the amount within a period of 3 years from 19.12.1995 i.e. on or before 18.12.1998, even if there is no time limit of maturity specified in the FDR. As against this contention, we have perused Ex.A1 which is the FDR dt.19.12.95 in this it is pertinent to note that the ‘date of maturity’ and the ‘maturity value’ have been left blank. In the terms and conditions it is clearly noted as follows:
“Fixed deposit receipt are issued for a sum of Rs.100/- and multiples there of for a period of 12 24 36 48 60 72 84 96 108 120 months.”
From this it is evident that the maturity date could be any date ranging from 12 months to 10 years and specifically last date of maturity has been left blank and therefore the question of limitation does not arise as there is a continuing cause of action. Ex.A2 is the letter dt. 4.11.2003 by the opposite parties to the complainant stating that they would return the amount before March, 2004. This letter Ex.A2 has been mentioned by the complainant in her affidavit of evidence. The contention of the learned counsel for the appellants/opposite parties is that the original letter of Ex.A2 is fabricated and no opportunity was given to them to examine the complainant. We observe from the record that no application has been filed by the appellants for cross examination and therefore the contention that no opportunity was given to them to lead evidence, is unsustainable. The learned counsel for the appellants also drew our attention to the partnership deed filed along with the appeal in which sharing ratio of the partners has been listed as 25%. Once the fixed deposit receipts have been issued by the partnership firm all the partners are jointly and severally liable and any share ratio mentioned is only an agreement inter se between the partners and it has nothing to do with the claim of the complainant. Hence we do not see any reason to interfere with the well considered order of the District Forum. This appeal fails and is accordingly dismissed. Time for compliance six weeks.
For the reasons mentioned above F.A.Nos. 522/2009 to 531/2009 are also dismissed. Time for compliance 6 weeks.
PRESIDENT
MEMBER
MEMBER
Dt.16.6.2009
Pm*
1.
