KERALA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.
APPEAL No. 238/2010
JUDGMENT DATED: 02-12-2010
PRESENT:
JUSTICE SHRI. K.R. UDAYABHANU :PRESIDENT
SHRI.S. CHANDRAMOHAN NAIR : MEMBER
C.K.Johny, S/o Late Geevarghese Kochandy,
Chooralvettathu House, Venmony.P.O, : APPELLANT
Chengannur Taluk, PIN-689 509.
(By Adv. Sri.C.K. Thomas)
Vs.
New India Assurance Company,
Medayil Complex, Medamukku, : RESPONDENT
Kayamkulam-690 502, R/its
Branch Manager.
(By Adv.Sri.M.Nizamudeen)
JUDGMENT
JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT
Appellant is the complainant/decree holder in A.238/10, OP.214/02. The grievance of the appellant is that opposite party/respondent has made a short payment of Rs.6114/-. It is his grievance that the Forum has closed the EP without considering these objections. The complainant has also produced the statement of accounts filed by the respondent before the Forum. As pointed out by the counsel for the appellant we find that in Item No.8 therein the interest on Rs.43,224/- from 13/7/2006 to 12/2/2008 is mentioned as Rs.2291/-. Actually the interest at the rate of 9% for the above period would work out to Rs.6146.45 and the difference would be Rs.3855/-. The above amount, the opposite parties are bound to pay. It is also pointed out that with respect to item No.9, deposit was actually made on 28/7/2008 as initially a cheque was issued in the name of the President of the Forum and it was returned and thereafter DD was produced. It was sent for realisation and the amount received only on 28/7/08. Hence the interest for the above period ie from Rs.1772/- the opposite parties are also bound to pay and cost of Rs.500/-. Hence the total amount would work out is Rs.6127/-. Appellant is directed to make the above payment to the complainant within one month failing which the complainant will be entitled for interest at 12% for the above amount from 28/7/2008. The appeal is disposed of accordingly.
JUSTICE K.R. UDAYABHANU:PRESIDENT
VL.
S. CHANDRAMOHAN NAIR: MEMBER
