Kerala

Trissur

CC/07/747

Jayarajan - Complainant(s)

Versus

Kuttath Investment - Opp.Party(s)

30 Aug 2008

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/07/747

Jayarajan
...........Appellant(s)

Vs.

Kuttath Investment
...........Respondent(s)


BEFORE:
1. Padmini Sudheesh 2. Rajani P.S.

Complainant(s)/Appellant(s):
1. Jayarajan

OppositeParty/Respondent(s):
1. Kuttath Investment

OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Smt. Padmini Sudheesh, President: The complaint is for realization of amount, which are paid as the fixed deposits to the proprietor firm conducted by the respondent. The respondent was conducting monthly deposit and taking fixed deposits from public for which they are giving 14% interest for the deposits. The petitioner had deposited a total amount of Rs.1,00,000/- by way of two deposit receipts, receipt No.44 dated on 18.8.2001 for an amount of Rs.50,000/- and receipt No.85 dated on 1.2.2005 for an amount of Rs.50,000/- and interest at the rate of 14% per annum for the principal amount. Now the respondent closed the firm on 19.11.2006 and proprietor is seen absconding. The firm is not functioning now. The petitioner is entitled for an amount of Rs.1,00,000/- as principal amount and an amount of Rs.9333/- as interest from the date of closure of the respondent firm together with a future interest at the rate of 14% per annum from the date of filing of this petition till the realization of the entire amount. But the amount not returned. Hence this complaint. 2. The respondent called absent and set exparte. 3. To prove the case complainant has filed affidavit and two documents, which are marked as Ext. P1 and P2. 4. According to the complainant he is entitled for the deposited amount with interest. Ext. P1 is a passbook showing the deposit of Rs.50,000/- on 9.6.00. The interest was received up to 9.11.06. So he is entitled for interest only after that. As per Ext. P2 the complainant is entitled for interest after 1.11.06. 5. There is no evidence to the contrary. 6. In the result, complaint is allowed and the respondent is directed to return the amount shown in Exts. P1 and P2 with interest at the rate of 14% per annum from 9.11.06 and 1.11.06 respectively and 6% interest from today till realization. The respondent is further directed to provide Rs.1000/- (Rupees one thousand only) towards costs to the complainant. Comply the order within two months. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30th day of August 2008.




......................Padmini Sudheesh
......................Rajani P.S.