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Judgment
THE appellants are the opposite parties 1 and 2, and the 1st Respondent is the complainant. The Respondents 2 to 4 are given up.
THE above appeal is filed against the order passed by the District Forum in allowing the complaint. It is the case of the complainant that even though a sum of Rs. 15,000 was paid by her by way of deposit to the appellant''s society, which will carry an interest @ 13. 5% and when the said deposit matured on 26. 2. 2004, the appellants have failed to repay the amount and hence the complaint is preferred before the District Forum.
The opposite parties/appellants resisted the complaint on the ground that there is no intention on the part of the society to cheat the complainant. However, due to the fraud committed by the then Secretary and President of the society, the appellants were not in a position to repay the amount of deposit.
THE District Forum by considering the rival claims has allowed the complaint with a direction as stated therein, against which the present appeal is filed. The learned Counsel for appellant contended that for the fault of the then President and Secretary, the appellants could not be penalized and the District Forum has erroneously awarded interest @ 13. 5% p. a. , from the date of deposit, till date of realization. It is further contended that the society has almost become financially not viable to continue its operations and not in a position to repay even the amount of deposit and accordingly prays that the order in respect of interest could be set aside.
EVEN though a contention is raised by the learned Counsel for appellant as stated above, we are not in a position to agree the said contention. Merely because the society is likely to close its business operations, the complainant cannot be made to suffer, who has paid the deposit amount. Under the said circumstances, we are not inclined to reduce the interest. The other contentions to the effect that due to the fault of the then President and Secretary, who committed fraud upon the society, the society was not in a position to pay the amount, the said fact cannot be put against the complainant in refusing to pay the deposit amount. It is to be seen that even though the complaint is filed to return the deposit with 18% interest and with a compensation of Rs. 20,000, the District Forum has awarded only 13. 5% interest and a compensation of Rs. 4,000 only, apart from a sum of Rs. 1,000 towards cost. Under the said circumstances, we do not propose to interfere with the order of the District Forum. However, considering the other facts and circumstances with regard to the status of the society as pleaded by the learned Counsel for appellant, we are inclined to grant a time of 4 months from the date of receipt of this order to comply with the order of the District Forum, failing which it is open to the complainant to initiate such proceedings in accordance with law. The appeal is dismissed with the above observation. Appeal dismissed.