NCDRC

NCDRC

RP/2018/2009

M.R. ANAND PRABHAKAR - Complainant(s)

Versus

SRI. S. MANJOSH & ANR. - Opp.Party(s)

MR. ANAND SANJAY M. NULI

15 Jul 2009

ORDER

Date of Filing: 08 Jun 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/2018/2009
(Against the Order dated 02/02/2009 in Appeal No. 2770/2008 of the State Commission Karnataka)
1. M.R. ANAND PRABHAKARS/o. Late Remchandra Setty.Archana Financiers & Traders. Sheriff. Street. Chikmangalur. Karnataka State ...........Appellant(s)

Vs.
1. SRI. S. MANJOSH & ANR.S/o. T.R. Sathyanarayan W/o. are Resident of at Vishwapriya shetty Street. Chikmangalur. Karnataka State ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. ANAND SANJAY M. NULI
For the Respondent :NEMO

Dated : 15 Jul 2009
ORDER

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          Petitioner was opposite party before the District Forum.

          In brief, the facts are that the complainant had deposited              Rs.2 Lacs with the petitioner in Fixed Deposit with 21% interest per month.  On maturity, the petitioner did not repay the said amount inspite of repeated requests made by the complainant/respondent. 

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Aggrieved by this, the complainant filed a complaint before the District Forum. 

The District Forum vide its order dtd. 12.11.2008 allowed the complaint and directed the petitioner to refund the fixed amount along

with interest at the rate of 10% since no rate of interest had been mentioned in any of the documents. 

Aggrieved by this, the petitioner filed an appeal before the State Commission which has been dismissed by the impugned order.

          Counsel for the petitioner does not dispute that the respondent had deposited a sum of Rs.2 Lacs and that the same had not been repaid to the respondent.  Counsel for the petitioner submitted that the petitioner had transferred some property in the name of the respondent to square of the deposits.      

          We have gone through the Written Statement filed by the petitioner before the District Forum.  No such point has been taken in the Written Statement.  Parties cannot be permitted to go beyond the


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pleadings.  In the facts and circumstances of the case, we do not find any infirmity in the orders passed by the foras below.  Revision petition is dismissed.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER