KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM. APPEAL NOS:839/04, 840/04 & 841/04 COMMON JUDGMENT DATED:18-06-2010 PRESENT: JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT SHRI. M.K. ABDULLA SONA : MEMBER APPEAL NO:839/2004 1. Sreenarayana Dharma Sabha, Madavana.P.O, Kodungallur, R/by its Secretary. : APPELLANTS 2. The President, Sreenarayana Dharma Sabha, Madavana.P.O, Kodungallur. (By Adv:M/s Vinod.J.Dev & Pramod.J.Dev) Vs. George, S/o Elenjikkal Chummar Kara Desom, Edavilangu Village, : RESPONDENT Kodungallur Taluk. (By Adv:Sri.R.S.Kalkura) APPEAL NO:840/2004 1. Sreenarayana Dharma Sabha, Madavana.P.O, Kodungallur, R/by its Secretary. : APPELLANTS 2. The President, Sreenarayana Dharma Sabha, Madavana.P.O, Kodungallur. (By Adv:M/s Vinod.J.Dev & Pramod.J.Dev) Vs. Aleena George (minor), Rep. by her father George, S/o Elenjikkal Chummar : RESPONDENT Kara Desom, Edavilangu Village, Kodungallur Taluk. (By Adv:Sri.R.S.Kalkura) APPEAL NO:841/2004 1. Sreenarayana Dharma Sabha, Madavana.P.O, Kodungallur, R/by its Secretary. : APPELLANTS 2. The President, Sreenarayana Dharma Sabha, Madavana.P.O, Kodungallur. (By Adv:M/s Vinod.J.Dev & Pramod.J.Dev) Vs. Alice George, W/o George, Kara Desom, Edavilangu Village, : RESPONDENT Kodungallur Taluk. (By Adv:Sri.R.S.Kalkura) COMMON JUDGMENT JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appeals are filed by the opposite parties over the common order in OP.317/03, 316/03 and 319/03. The complainants are husband, wife and minor child represented by the father who is the complainant in OP.317/03. 2. The dispute is with respect to the reduction of interest for fixed deposit by the appellants. It is the case of the complainants that appellants had undertaken that during the remaining period of the chitties involved herein the appellants shall calculate interest at 24% or at the rates specified in the respective FDs and out of the interest earned the chitty instalments will be adjusted. The complainants have auctioned the chitty and it is the amount that has been obtained on auctioning the chitties that has been put in fixed deposits. It is the case of the complainants that the interest rates were arbitrarily reduced. On the other hand the appellants have contended that interest rates were reduced after the expiry of the term of the fixed deposit and on the basis of the directions of the RBI. It is also contended by the appellants that the complainants had continued to remit the chitty instalments on the basis of the reduced interest rate and after supplying the balance amount required for the chitty instalments. It is the case of the appellants that the complainants are estopped from raising the contention that the appellants are not entitled to reduce interest as they have accepted the situation and continued to remit the instalments partly from their pockets also. It is also pointed out that the documents produced by the opposite parties/appellants were not marked or considered by the Forum. The complainants/respondents have disputed the contention of the appellants that the complainants have remitted the instalments subsequent to the reduction of interest effected for a considerable period. We find that the above matters were not considered by the Forum. The matter requires reconsideration. Hence the order of the Forum in the above matters is set aside. The Forum is directed to permit both sides to produce further evidence if they so desire and dispose of the matter on merits. The case stands posted before the Forum on 17/8/2010. The office is directed to forward the LCR along with the copy of this order to the Forum. JUSTICE K.R. UDAYABHANU: PRESIDENT M.K. ABDULLA SONA : MEMBER VL. | 
