- (1.)ORDER DATED 31.10.2011 The above appeal is preferred from the order dated 12th December, 2003 passed by CDRF, Kasargod in O.P. 116/03. The above complaint was filed alleging deficiency in service on the part of the opposite parties 1 to 8 in their failure to refund the amounts which they collected from the complainant by way of deposits. Thus, the complaint was fled claiming the fixed deposit amounts with interest, compensation and costs.
(2.)The appellants herein are opposite parties 1 and 3 and the original respondent is the complainant in O.P. No. 116/03. The appellants entered appearance before the Forum below in O.P. 116/03 and filed written version denying the alleged deficiency in service. They contended that the complaint filed against them is not maintainable as they were not in any way connected with the second opposite party M.M. Finance Corporation or with the 4th opposite party , Shri. M.M. Softech Ltd. It is therefore contended that they are made parties to the complainant only because of the fact that they are the relatives of the directors of the aforesaid establishments. They contended that the complaint is bad for non jointer and mis jointer of parties. Thus, the opposite parties 1 and 3 prayed for dismissal of the complaint filed against them.
(3.)Before the Forum below the complainant was examined as Pw1 and opposite parties 1 and 3 were examined as Dws1 and 2 respectively. Exts. A1 to A10 documents were marked on the side of the complainant and B1 to B3 on the side of the opposite parties 1 and 3. On an appreciation of the evidence on record the Forum below passed the impugned order dated 12th December, 2003 allowing the complaint and directing the opposite parties to refund Rs. 4,000/- with interest @ 12% per annum from 1.6.1999, Rs. 12,000/- with 12% interest from 9.07.2000 Rs. 2,000/- with 12% interest from 30th December, 2001, Rs. 8000/- with 12% interest from 30.10.2001 and Rs., 7,555/- with interest @ 12% per annum from 2.8.2007 till the date of the impugned order and also compensation of Rs. 2,500/- and cost of Rs. 1,000/- to the complainant. It was also made clear that opposite parties 1 and 3 will be proceeded against under the provisions of Consumer Protection Act in respect of the claim of the complainant to the extent of the assets of opposite parties 2 and 4 in their hands. It is against the said order,. the present appeal is filed by the opposite parties 1 and 3 in O.P. 116/03 on the file of CDRF, Kasargod.