JUDGEMENT
K.SAMPATH, J. -
(1.) The only question for decision in the appeal is whether the
complainant would be entitled to interest from the date of her paying the
amount to the opposite party the said date being 07/09/1990. It is not
disputed that the complainant paid Rs.20,390/- to the opposite party on
07/09/1990. The District Forum has rejected the claim for interest to the
complainant from 07/09/1990 on the ground that the complainant had given
notice to the opposite party for the first time only on 12/06/2004. We do
not agree with the reasoning of the District Forum. The opposite party
had the benefit of the money right from 07/09/1990 and it will be the
height of injustice if the opposite party is allowed to go scot-free
without paying interest on the amount from 07/09/1990.
(2.) The order of the District Forum shall stand modified in that the
complainant would be entitled to interest on Rs.20,390/- at 9% per annum
from 07/09/1990 till payment. The order of the District Forum shall stand
modified to this extent. In other respects, the order of the District
Forum shall stand. The appeal is disposed of accordingly.;
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