MANOJ KUMAR vs DIAMOND CEMENTS

THIS is an appeal against the judgment and order dated 20.10.1993 passed by District Consumer Forum, Etawah in Complaint Case No. 120/ 1993.

THE facts of the case stated in brief are that the complainant has alleged that he paid a sum of Rs. 5,000/- on 15.10.1988 for taking cement agency. THE amount was deposited through Bank Draft as security, the receipt of which was issued on 24.10.1993. After some time the complainant had to close the agency business and he applied for refund of the security deposit. THE complainant has alleged that a sum of Rs. 3,937.50 was due against him on account of the price of the cement and after that the rest amount was to be paid to the opposite party. Registered letter dated 17.7.1992 was sent to the opposite party Diamond Cements for refund of the amount but the same was not returned even after formalities were completed. The opposite party appeared before the District Forum and applied for adjournment but on the adjourned date nobody appeared. Therefore, the learned District Forum decreed the claim of Rs. 1,062.80 along with 12% per annum interest.

Aggrieved against the order of the learned District Forum the complainant has come in appeal and has challenged the correctness of the order passed by the District Forum.

LEARNED Counsel for the appellant has argued that interest was not claimed by the appellant party/complainant but the same has been granted by the District Forum. A copy of complaint is on record, a perusal of which goes to prove that the complainant has claimed the interest on the amount which was due. Therefore, it cannot be said that the complainant has not claimed interest. No doubt it is true that the complainant has not claimed any rate of interest but it is for the District Forum to apply the correct rate of interest. The learned District Forum is granted interest at the rate of 12% per annum. Hence in our opinion the rate of interest which has been granted cannot be said to be on the higher side. The appeal is, therefore, liable to be dismissed. ORDER The appeal is dismissed and the judgment and order of the learned District Forum are confirmed. Let compliance of the order be made within a period of six weeks from today. Let copy as per rules be made available to the parties. Appeal dismissed.