Kerala

Trissur

CC/09/270

K.K.Gokulanathan - Complainant(s)

Versus

Smarana Finance Trust - Opp.Party(s)

Adv.V.R.Ramachandran

31 Mar 2010

ORDER


CONSUMER DISPUTES REDRESSAL FORUMAyyanthole , Thrissur
CONSUMER CASE NO. 09 of 270
1. K.K.Gokulanathankaniyamparambil House,Palazhy,ManaloorThrissurKerala ...........Appellant(s)

Vs.
1. Smarana Finance TrustChamakkala rep by managing Partner N.A.RadhakrishnanThrissurKerala2. N.A.Radhakrishnannediyirippil House,kazhimbramTrissurKerala3. K.S.JayaprabhaNediyirippil House,kazhimbramTrissurKerala4. N.A.haridasNediyirippil House,kazhimbramTrissurKerala5. Premavathy haridasNediyirippil House,kazhimbramTrissurKerala6. N.A.narendranNediyirippil House,kazhimbramTrissurKerala7. N.B.AshaNediyirippil House,KazhimbramTrissurKerala ...........Respondent(s)


For the Appellant :Adv.V.R.Ramachandran, Advocate for
For the Respondent :

Dated : 31 Mar 2010
ORDER

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By Smt. Padmini Sudheesh, President:
 
          The case of complainant is that he had deposited Rs.1,00,000/- on 1.8.2003 with the respondent Finance Trust for which the rate of interest was 17% and maturity date was 1.2.2009. Another deposit of Rs.1,00,000/- was made on 25.1.2002 for which the rate of interest offered was 15% per annum and maturity date was on 25.1.09.    The complainant is entitled to get back the amount and the respondents are bound to pay the same as and when demanded. On getting information that the first respondent firm is not functioning properly the complainant went to the office of the first respondent to demand the amount deposited by him. But it is not returned so far. So the complainant caused to send a lawyer notice and no reply was sent by the respondents. The amount also not returned so far. Hence the complaint.
          2. All the respondents are remained exparte.
 
          3. The complainant filed affidavit and Exts. P1 to P10 to prove his case.
          4. According to the complainant, he had deposited Rs.1,00,000/- each with the first respondent Trust on 25.1.2002 and 1.8.03 respectively. He produced both the receipts and marked as Exts. P1 and P2. The rate of interest stated in Ext. P2 is 15% and in Ext. P1 is 17%. Since the sums are not returned he claims deposited amount with the interest rate mentioned therein. There is no evidence to the contrary. So the complainant is entitled for Ext. P1 and P2 amount.
 
          5. In the result, the complaint is allowed and the respondents are directed to return the Exts. P1 and P2 amount with interest at the rate of 9% per annum from the date of deposit till realization with costs Rs.1500/- (Rupees one thousand and five hundred only) within two months from the date of receipt of copy of this order.

           Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 31st day of March 2010.


HONORABLE Rajani P.S., MemberHONORABLE Padmini Sudheesh, PRESIDENTHONORABLE Sasidharan M.S, Member