MALARAVAN Vs. K REGHUPATHY

JUDGEMENT

(1.) OPPOSITE parties 2 and 3 in O.P. No.40 of 1997, on the file of Consumer Disputes Redressal Forum, Coimbatore, are the revision Petitioners. First respondent herein filed a complaint for recovery of deposit amount of Rs. 2, 00, 000 with interest at 24% from the date of deposit till the date of maturity and thereafter at 18% from the date of maturity till the date of settlement, and for compensation of not less than Rs. 5, 000 for mental agony, and for other reliefs.

(2.) THE claim of the first respondent was seriously disputed by the petitioners herein, and, according to them, the transaction between them is that of debtor and creditor. It is their case that the complainant has advanced a personal loan of Rs. one lakh to the first petitioner by cheque and he has also taken certain blank papers, and the same were utilised for the purpose of filing the complaint. They also disputed the jurisdiction of the Consumer Redressal Forum on the ground that there is a civil dispute which requires elaborate evidence. According to them, there was no deficiency of service, nor is the first respondent a consumer.

(3.) THE grievance of the petitioners is that the Consumer Forum was of the opinion that the procedure followed by civil court will not apply to Consumer Court and, therefore, even production of documents is not contemplated, nor can there be a question of adverse inference. It is also their case that the Forum refused to pass a written order, and orally refused their prayer. It is said that thereafter the case was posted for orders.