THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD, THIRUVANANTHAPURAM.
APPEAL . NO - 711/2017
ORDER DATED. 28/11/2017
PRESENT:-
HON’BLE JUSTICE SRI. S.S.SATHEESACHANDRAN : PRESIDENT
SRI. V.V.JOSE : MEMBER
APPELLANTS:
- Zachariah Mathew,
Tholottayil Prathyasha,
Mavelikkara P.O.
- Preeth Mathew Zachariah,
S/o. Zachariah Mathew,
Tholottayil Prathyasha, MavelikkaraP.O.
- Vineeta Sarah Philip, W/o. Preeth Mathew Zachariah,
-
V/S
RESPONDENTS:
- The Managing Director,
Muthoot finance Ltd,
Opp. Saritha Theatre, Banarjee road,
- The Manager, Muthoot finance Ltd,
-
(2)
ORDER
HON’BLE JUSTICE SRI. S.S.SATHEESACHANDRAN : PRESIDENT
Complainants are the appellants. Complaint filed by them alleging deficiency of service by the 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. 15,33,000/- ( Rupees fifteen lakh thirty three thousand only ) to the complainant from the date of deposits made and not from the date of complaint till realization as stated in the Order.
We heard the counsel for the appellant and also perused the Order passed by the forum which is challenged in appeal limited to the extent indicated above. 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. 15, 33, 000/-( Rupees fifteen lakh thirty three thousand only ) 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
(3)
as 1,533000/- and the relief was canvassed for refund of that amount with interest . Consumer forum is not expected to have a roving enquiry as to the amount which could be legally recovered from the bank when there was misappropriation of funds deposited. It has got only a limited role to examine whether there was deficiency of service as alleged and if that is established to grant appropriate relief. An enquiry to award interest based on the dates of deposits covered by principal sum does not arise. Taking evidence on that question is not at all possible in a proceeding 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 a forum where a time limit of 3 months for disposal of a complaint is mandated.
We find no impropriety in the Order passed by the forum over the awarding of interest on the principal sum claimed by the appellants from
(4)
the date of complaint till realization . Appeal is devoid of any merit, and it is dismissed as not admitted.
JUSTICE S.S.SATHEESACHANDRAN : PRESIDENT
V.V.JOSE : MEMBER
Sh/-
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