(1.) This appeal has been filed by the appellant under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as '1986 Act') against the order dated 7.11.2002 passed by the learned District Forum, Jaipur II, Jaipur whereby the complaint of the complainant-respondents was allowed and the appellants were directed to pay the amount standing on the credit of the PPF account of the complainant with interest, and awarded damages and cost of litigation also.
(2.) The brief facts giving rise to this appeal are that the complainant-respondents had opened one PPF joint account on 21.3.1988 at Shastri Nagar Post Office, Jodhpur. This account was later transferred to G. P. O. , Jaipur on 30.9.1998. Thereafter the respondents operated that account from time-to-time till October, 1999. In November, 1999 the respondents wanted to withdraw an amount of Rs.90,000 for the marriage of their daughter but the appellants refused to pay the amount and verbally informed them that there is an audit objection in regard to opening of the account in joint name. The appellants received the amounts deposited by the respondents in the same account on 11.2.2000 and 7.3.2001. The appellants informed the respondents on 1.2.2001 for the first time that the joint account cannot be regularized. The respondents alleged that the amount standing at their credit till 1998-99 was Rs.2,29,926 and thereafter interest for the years 1999-2000 and 2000-2001 was not given. In this way, the respondent had filed a complaint in the Forum below claiming an amount of Rs.3,70,526 from the appellants on account of the refund of the deposit, damages and cost of litigation.
(3.) The appellants replied that the account was irregularly opened and as such no interest is payable. The appellants admitted that an amount of Rs.1,90,426 was credited in the account as interest but it has now again been debited in the account of the respondents. The appellants admitted that only an amount of Rs.39,500 remains in the account of the respondents which can be withdrawn by them.