State Consumer Disputes Redressal Commission
. Integrated Finance Co. Ltd., vs T.K.Purushothaman, on 20 December, 2010
Daily Order
First Appeal No. A/10/646 (Arisen out of Order Dated 30/08/2010 in Case No. CC/08/478 of District Kozhikode) INTEGRATED FINANCE CO LTD Vs. T.K.PURUSHOTHAMAN BEFORE: HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT PRESENT: Dated : 20 Dec 2010 ORDER Disposed Off
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM
APPEAL 646/2010
JUDGMENT DATED: 20.12.2010
PRESENT
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
SRI.S.CHANDRAMOHAN NAIR : MEMBER
1. Integrated Finance Co. Ltd., : APPELLANTS Vairams,112, Thyagaraya Road, T.Nagar, Chennai - 6000 17.
2. Integrated Finance Co. Ltd., Branch Office, Near Vellayil Railway Station, A.G.Road, Kozhikode - 673 001.
(By Adv.S.Reghukumar) Vs.
1. T.K.Purushothaman, : RESPONDENTS S/o T.K.Madhava (late).
2. Kanakalatha, W/o T.K.Purushothaman, (both are at present residing at C/o Santhakumari, Champayil House, N 24/861 - Azchavattom, Mankavu.P.O., Kozhikode - 7) JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellants are the opposite parties in CC.478/08 in the file of CDRF, Kozhikode. The appellants are under orders to refund the FD amount of Rs.50000/- with interest at 9% from July, 2005 and cost of Rs.1000/-.
2.The case of the appellants is that the proceedings under the Companies Act for rateable distribution which is formulated by the Single Bench of the High Court, Madras was set aside by the Division Bench and the matter is pending before the Supreme Court. Evidently as such there is no scheme. Hence appellants are liable to refund the FD amount. Contention that the interest ordered to be paid is on the higher side appears to be not correct. In the circumstances the appeal is dismissed in limine.
Office will forward the copy of this order to the Forum urgently.
JUSTICE.K.R.UDAYABHANU : PRESIDENT S.CHANDRAMOHAN NAIR : MEMBER ps [HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU] PRESIDENT