THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD, THIRUVANANTHAPURAM.
APPEAL . NO - 710/2017
ORDER DATED. 28/11/2017
PRESENT:-
HON’BLE JUSTICE SRI. S.S.SATHEESACHANDRAN : PRESIDENT
SRI. V.V.JOSE : MEMBER
APPELLANTS:
- Preenu Zachariah,
D/o. Zachariah Mathew,
Tholottayil Prathyasha,
Mavelikkara P.O.
- Priya Zachariah,
D/o. Zachariah Mathew,
(By Adv. K Rasheed )
V/S
RESPONDENTS:
- The Managing Director,
Muthoot Finance Ltd,
Opp. Saritha Theatre,
Banarjee road, Kochi.
- The Manager,
Muthoot finance Ltd,
Cherukole Branch, cherukole,
Mavelikkara.
(2)
ORDER
HON’BLE JUSTICE SRI. S.S.SATHEESACHANDRAN : PRESIDENT
Complainants are the appellants. Complaint filed by them alleging deficiency of service by respondents / opposite parties, after enquiry, was allowed by the district forum.
The only grievance espoused by the appellants is that the lower forum should have awarded interest on the principal sum of Rs. 13,90,000/- to the complainant from the date of deposits made and not from the date of complaint, till realization.
We heard the counsel for the appellant and also perused the Order passed by the forum which is challenged in the appeal . Learned counsel appearing for appellants would state that in the complaint filed before the forum specific particulars were given as to the dates on which the amounts covered by Rs. 13,90,000/- were deposited in the bank. The principal amount stated in the complaint, which is alleged to have been misappropriated by an officer of the opposite party, was stated as 13,90,000/- and the relief was canvassed for refund of that amount with interest . Consumer forum is not expected to having a roving enquiry as to the amount which could be
(3)
legally recovered from the bank when there is misappropriation of funds deposited. It has got only a limited role of examining whether there was deficiency of service as alleged and if that is established to grant appropriate relief. Calculation of interest on the deposits made by complainant with reference to date of deposits. Taking evidence on that question is not at all possible in a proceedings arising from a consumer complaint. A statement of account calculating interest on deposits made from time to time may be possible in a suit instituted before a court, but not before Consumer forum which is mandated to dispose a complaint within three months.
We find no impropriety with the Order passed by the forum over the awarding of interest on the principal sum claimed by the appellants from the date of complaint till realization . Appeal is devoid of any merit and it is dismissed. Not admitted.
JUSTICE S.S.SATHEESACHANDRAN : PRESIDENT
V.V.JOSE : MEMBER
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