UNION BANK OF INDIA Vs. A ABDUL HAMEED
LAWS(KERCDRC)-2010-6-7
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on June 10,2010

UNION BANK OF INDIA Appellant
VERSUS
A Abdul Hameed Respondents

JUDGEMENT

- (1.) THE appellant is the opposite party in OP No. 258/2002 in the file of CDRF, Alappuzha. The appellants are under orders to pay a sum of Rs. 85,000 with interest at 12% from 30.4.1987 and to pay costs of Rs. 350.
(2.) IT is the case of the complainant that the complainant firm doing copra business had received a sum of Rs. 85,000 in April 1987, which was credited in the account of the complainant with the opposite party. The amount was not permitted to be withdrawn. On 25.3.2002 lawyer notice was issued. The opposite party has replied stating that it has got general lien over the amount. It is pointed out that the opposite party had filed OS No. 91/1986 before Sub -Court, Alappuzha for recovery of Rs. 1,45,414.25, the same was dismissed holding that the complainant has no right to recover the amount.
(3.) THE opposite party has contended that the complaint is not maintainable as the firm is an unregistered one. It is contended that it has got general lien over the amount and the amount has been adjusted in the loan account standing in the name of the firm. Hence it is contended that the complaint is barred by limitation. It is also contended that the decision of the Sub -Court has been appealed against and the same is pending as AS No. 334/94. The evidence adduced consisted of the testimony of PW1, RW1, Exts. A1 to A4 and Ext. B1.;


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