FA.No.1227/2005 against PP.No.92/2001 in CD.No.422/1999 District Consumer Disputes Redressal Forum-II, Hyderabad.

Between-

D.Subhash, S/o.D.B. Narayan,

Age - 55 years, Occ- Govt. Employee,

R/o.H.No.8-191, Gautham Nagar,

Ferozeguda,

Hyderabad – 500 01.

…Appellant/Petitioner/Complainant.

And

M/s.Green Meadows Agrotech Pvt. Ltd.

Rep. by Smt.T.Bala Tripua Sundari,

10/0, T.Govinda Rajulu,

Flat No.202, 2^nd Floor, Sri Sai Krupa Towers,

Vinayak Nagar,

Ashok Nagar, R.C.Puram,

BHEL, Hyderabad – 502 032.

…Respondent/Respondent/O.P.No.1

Counsel  for the Appellant        - Mr. M. Eswara Prasad.

Counsel for the Respondent     - Mr.P.Ramachandran.

QUORUM-THE HON’BLE MR.JUSTICE D.APPA RAO, PRESIDENT,

SMT.M.SHREESHA, HON’BLE LADY MEMBER,

AND

SRI G.BHOOPATHI REDDY, HON’BLE MALE MEMBER.

THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY,

TWO THOUSAND EIGHT.

Oral Order (Per Hon’ble Mr.Justice D.Appa Rao, President)

------- 

Heard the learned counsel for the appellant.  None appears for the respondent.

1.         This is an appeal preferred by the complainant against the order in PP.No.92/2001 in CD.No.422/1999 on the file of District Consumer Disputes Redressal Forum-II, Hyderabad in restricting interest payable from the date of notice. 

2.         The District Forum after considering the order passed in the C.D opined that the interest need to be paid only from the date of the letter dt. 27.02.1999 sent to the opposite party by the complainant. 

3.         Aggrieved by the said order, the complainant preferred this appeal contending that interest at 18percent ought to have been granted from the time of deposit till the date of payment. 

4.         A perusal of the original order of the District Forum show that the 1^st opposite party was directed to refund Rs.15,000/- with interest at 18percent per annum “from 27.02.1999 till the date when the complainant first wrote to the opposite party requesting refund of his money under the buy back facility available under the Scheme”, besides costs of Rs.1500/-. 

5.         It is not in dispute that on the very same day i.e. on 22.06.2001 a letter was addressed agreeing to pay the said amount.  It is also not in dispute that the entire amount as ordered by the District Forum was paid.  Now the complainant submits that the interest should be payable from the date of deposit and not from the date when the first notice was issued.  Obviously, this contention is contrary to the order passed by the District Forum.  What all he was entitled is from the date of the notice. The notice is dated 27.02.1999.  Therefore, the complainant cannot insist that the interest should be modified from the date of deposit.  He did not prefer any appeal against the order.  This amounts to review. 

7.         We do not see any merits in this appeal.  The appeal is dismissed.  However,  in the circumstances, no costs.   

   PRESIDENT               LADY MEMBER               MALE MEMBER

Dt-21.02.2008.

Vvr.