Tamil Nadu

StateCommission

A/164/2015

T.N. Jothimani - Complainant(s)

Versus

Sri Kandaswamy Permanent Fund Limited, Managing Director - Opp.Party(s)

T.N. Jothimani

05 Nov 2015

ORDER

 

BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

                    Present:   Thiru J. Jayaram,                                PRESIDING JUDICIAL MEMBER

                                    Tmt.  P. Bakiyavathi                            MEMBER

F.A. No. 164 / 2015

                                                         (Against the Order in E.A. No. 26 / 2013 in C.C. No. 33 / 2012,

dated 30-10-2012 on the file of the DCDRF, Chennai [South]).

Dated this the 5^th day of NOVEMBER,2015

T.N. Jyothi Mani & 5 others,                         ]

29/1194, Jeevan Bima Nagar,                       ]  .. Appellants /

Anna Nagar West Extension,                         ]  .. Complainants -

Chennai – 600 101                              ]     Decree Holder

 

                   Vs.

Sri Kandaswamy Permanent Fund Limited,    ]

Represented by its Managing Director,          ]  ..  Respondent /

No.28, Agraharam Street,                             ]      Opposite Party -

Chintadripet, Chennai – 2                    ]      Judgment Debtor   

                This Appeal coming up before us for final hearing on 13-10-2015 and on hearing the arguments of complainants / decree holder and upon perusing the material records, this Commission made the following Order:

Counsel for Appellant:     -        M/s T.N. Jyothi Mani

Counsel for Respondent:  -        Called, absent.

J. JAYARAM, PRESIDING JUDICIAL MEMBER

                    This appeal is filed by the complainants / decree holders against the order of the District Forum, Chennai [South] in E.A. No. 26 / 2013 in C.C. No. 33 / 2012, dated 30-10-2012.

                    The case of the complainants - decree holders in C.C. No.33 / 2012 is that the District Forum has granted interest @ 12 % p.a. from 29-08-2001 till realization for the refund amount of Rs.60,000/-; but they are entitled to calculate the interest at quarterly rests for the amount of Rs.60,000/- and that the complainants are entitled to interest @ 12 % p.a. at quarterly rests.

2.       The District Forum passed an order rejecting the contention of the complainants holding that the complainants are entitled to calculate interest @ 12 % p.a. from 29-08-2001 till realization and holding that they are not entitled to interest at quarterly rests / quarterly interest. Aggrieved by the impugned order, the complainants have preferred this appeal.

3.       It is pertinent to note that in C.C. No.33 / 2012, the District Forum has allowed the complaint directing the opposite party to refund Rs.60,000/- with interest @ 12 % pa. from 29-08-2001 till realization and to pay compensation of Rs.25,000/- for mental agony and to pay costs of Rs.3,000/-.

4.       It is relevant to note that the opposite party - judgment debtor has already paid the total sum of Rs.1,80,000/- towards the claim in the Execution Petition by way of two cheques, one for Rs.60,000/- on 14-05-2014, and another cheque for Rs.1,20,000/- on 02-06-2014. The complainants have calculated interest at quarterly rests / quarterly interest basis and have made a baseless claim.

5.       The order of the District Forum is very clear that the interest is fixed at 12 % pa. from 29-08-2001 till realization, and the executing Court cannot go behind the decree. Therefore, the question of granting interest at quarterly rest does not arise, and the complainant - decree holder is not entitled to claim interest at quarterly rest basis in execution stage. There is no merit in the appeal, and the appeal is liable to be dismissed.  

6.       In the result, the appeal is dismissed, confirming the order of the District Forum. No costs.

 

  P. BAKIYAVATHI                             J. JAYARAM         

          MEMBER                         PRESIDING JUDICIAL MEMBER