BIPIN K.SETH vs MEELA ARACKAL

THIS appeal is directed against the order passed by the District Forum, Ernakulam, in O.P. No. 1387/91. 1st opposite party is the appellant.

WE heard the Counsel appearing for the appellant. Shortly stated the allegations in the complaint are as follows : The complainant deposited Rs. 10,000/- in March 1981 with the second opposite party for 3 years under the agreement and that the complainant is entitled to interest at 18% per annum with compound interest of every 3 months. It became matured for payment in March, 1984 and the complainant made demand for the principal and interest. It was averred till 21.3.86 the opposite party paid only Rs. 9,950/-. A cheque for Rs. 6958/- dated 13.8.88 was given but that was dishonoured. The complainant claimed that the complainant is entitled to get a total amount of Rs. 32,864/-.

The District Forum passed an order directing the opposite party to pay an amount of Rs. 10,000/- and also Rs. 6958/50.

FEELING aggrieved by the said order this appeal has been preferred. Learned Counsel appearing for the appellant submitted that the District Forum had admitted that an amount of Rs. 9950/- was paid by the opposite party to the complainant. But that was not taken into consideration by the District Forum in passing the order. The submission made by learned Counsel appears to be correct. However it was contended by the authorised agent of the complainant that these amounts were paid long after the matured date and therefore the total amount due is Rs. 32,864/-, What is the basis of that calculation is not clear to us. The District Forum has not considered the question what was the actual amount due to the opposite party, especially in view of the fact that the opposite party has not paid the amount on matured date and according to the complainant the interest accrued on the deposit. In the circumstances we have no other alternative but to set aside the order of the District Forum and remit back the matter to the District Forum for passing a fresh order after taking into consideration of the payment made by the opposite party and the interest accrued to the complainant as a result of non-payment on the maturity of the deposit. The appeal is disposed of as above. Appeal disposed of.