KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

APPEAL NO.149/11

JUDGMENT DATED 24.3.2011

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

SHRI.S.CHANDRAMOHAN NAIR                    --  MEMBER

1.      Integrated Finance Co.Ltd,

1^st Floor, CSI Commercial Complex,               

Baker junction,

Kottayam.                                                  --  APPELLANTS

2.      M/S. Integrated Finance Co.Ltd,

          “VAIRAMS”, 112, Thyagaraya Road,

          T.Nagar, Chennai – 600017.

             (By Adv.S.Reghukumar & Ors.)

                             Vs.

1.      John Philip.K.                                                              

          Kottaparambil

          Muttambalam P.O,

          Kottayam.                                                  --  RESPONDENTS

2.      Tanu Mariam Philip,

Kottaparambil,

Muttambalam.P.O,

Kottayam.

JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

          The appellants are the opposite parties in CC.8/06 in the file of CDRF, Kottayam.  The appellants are under orders to pay a sum of Rs.1 lakh with interest at 14 % per annum from the date of deposit till payment and also to pay Rs.5000/- as costs.

          The case of the complainant is that the amount deposited with the opposite parties in FD ie; Rs. 1 lakh undertaking  to pay 14% per annum  was not paid after   the date of maturity.  It is stated that the interest was paid up to the date of maturity ie; 12.5.05.

          The opposite parties have contended that they have filed a company petition before the Madras High Court  and the scheme has been formulated and hence the complaint cannot be entertained.

          The evidence adduced consisted of the proof  affidavits of the  respective sides and Exts.A1 to A5.

          The Forum has rejected the contention of the opposite parties.  There was no evidence with respect to the order from the Madras High Court etc.  

In the circumstances, we find that there is no scope for admitting the appeal.  We find that the Madras High Court has dismissed the prayer of the opposite party  and the SLP is only pending before the Supreme Court vide the documents produced by the appellant.  All the same, the direction to pay interest from the date of deposit is liable to be modified as the claim of interest only from the date of maturity ie; 12.5.05.   The order of the Forum is modified accordingly.  With the above modification the appeal is dismissed.

The office will forward a copy of this order to the Forum.

JUSTICE  K.R.UDAYABHANU --  PRESIDENT

 S.CHANDRAMOHAN NAIR --  MEMBER