KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL No. 194/2011

JUDGMENT DATED  30/3/2011

PRESENT:-

SMT. VALSALA SARANGADHARAN      :   MEMBER

SHRI. S. CHANDRA MOHAN NAIR         :    MEMBER            

APPELLANT

       The Managing Director,

       M/s. Business Benefit Co.

       Business Lane,

       Beach Road, Kollam.

               ( Rep. by  Adv. Sri. S. Reghukumar)

                                         Vs

RESPONDENTS

1.        Karina Neelambaran,

W/o K. Neelambaran,

Pattathuvila, Town Limit, Kadappakkada P.O.,

Kollam.

2.       K. Neelambaran,

        Pattathuvila,

        Town Limit, Kadappakkada P.O., Kollam.

3.       Mr. Murali,

   (Collection Agent)

   M/s. Business Benefit Co.,

   Business Lane,

   Beach Road, Kollam.

JUDGMENT

SMT. VALSALA SARANGADHARAN      ;      MEMBER

This appeal preferred against the order dated 23.9.2010 of CDRF, Kollam in C.C. 415/2006 whereby the Forum directed the first opposite party to refund a sum of Rs. 5,00,000/- being the total amount of these deposits made by the complainant with 50,000/- compensation and 1,500/- as costs to the 1^st  complainant. 

          The case of the first complainant is that on  maturity of 3 fixed deposits,  the first opposite party renewed these deposits unilaterally and on getting the F.D. receipts it was understood that these deposits were renewed  in the name of her husband K. Neelambaran.  It is alleged by the first complainant that the second opposite party told her that it was only a clerical mistake and promised to rectify the same.  But not rectified as promised.  From October, 2006 on wards the first complainant has not received monthly interest and in the meantime there appeared some media reports which would adversely affect the opposite parties, the first complainant approached the opposite parties and demanded the money covered under 3 fixed deposits.  But the first opposite party told that there is no fixed deposits  in her name and denied the repayment alleging that the deposits were  in the name of second complainant and he is having some outstanding liability  with the first opposite party and the opposite parties have got a lien over the fixed deposits.  Actually there was no such liability. The first complainant is  entitled to get back the  amounts  covered under said fixed deposits with 9% interest .   Hence alleging deficiency in service on the part of the opposite parties they filed complaint before the Forum. 

          The opposite parties filed version and contented that the second complainant is the depositor and the amount covered by the 3 deposits were attached by the Civil court in  a case filed by the opposite parties  for the realization of sum of Rs. 5,00,000/- as the second complainant failed to discharge the liability created under promissory note which was executed as guarantee for the prompt discharge of the liability created by his brother and brother’s son.

          The opposite parties filed version and remained absent thereafter and were   made ex-party before the Forum.  It is submitted by the learned counsel for the appellant/first opposite party that due to a inadvertent mistake on the part of the counsel in noting the posting date that has resulted in passing of an ex-party order and the said circumstances was beyond the control of the appellant and he has sought for an opportunity to contest the case before the forum. But in view of the fact that the appellant/first opposite party was not able to adduce evidence in support of his contentions we find that an opportunity is to be given to the appellant to contest the matter before the Forum.

          In the result, the order of the Forum below is set aside and the matter is remanded to the Forum on condition that the appellants deposits an amount of Rs. 5,000/- towards costs to the complainants before the Forum within one month from today.  The above amount can be withdrawn by the complainants.  The Forum is directed to give notice to all the parties and permit all the parties to adduce evidence in support of their contentions if they so desire and disposes of                         the matter on merits.  The matter will stand posted before the Forum on 10.05.2011.

The office is directed to transmit copy of this order to the forum urgently.

                             VALSALA SARANGADHARAN      ;      MEMBER

                           S. CHANDRA MOHAN NAIR      :      MEMBER

ST