LAWS(NCD)-2002-7-99

KAMLESH KUMAR TYAGI Vs. NARESH KUMAR TYAGI

Decided On July 16, 2002
KAMLESH KUMAR TYAGI Appellant
V/S
NARESH KUMAR TYAGI Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 28.1.2002 passed by District Consumer Forum, Meerut in Complaint Case No.914/1998. Briefly stated the facts of the case are that the complainant deposited with opposite party Deepak Finance Company, a sum of Rs.10,000/- on 17.12.1990 for 50 months. Thereafter on 18.12.1990 Rs.9,000/- was deposited in the name of his wife and Rs.7,000/- was deposited on 19.12.1990 in the name of his son for 50 months. After the expiry of above said period the double amount was to be given to the complainant. After the expiry of the aforesaid period when the complainant demanded the amount, the opposite party renewed the same for 30 months. In 1997 these deposits were matured and on demand the opposite party did not make the payment. Hence the complainant filed the complaint for recovery of Rs.52,000/- along with interest.

(2.) The opposite party in its written version has admitted the deposit of the amount. It was stated that Gajraj Singh, a relative of the complainant got the FDR prepared in the name of the complainant. On 10.2.1993 Gajraj Singh came and stated that the complainant requires money hence payment be made. It is further alleged that as the amount was deposited by Gajraj Singh, therefore, the amount of Rs.35,000/- was paid to Gajraj Singh which he has not returned so far. It was also alleged that the complaint is barred by limitation.

(3.) The parties led evidence before the District Forum who after considering the facts of the case came to the conclusion that there was deficiency on the part of opposite party hence it decreed the claim of Rs.52,000/- and interest @ 15% p. a. from 19.2.1995 till the date of payment. It has also awarded Rs.3,000/- as cost and imposed Rs.3,000/- as compensation.