GOPALAKRISHNA BHAT Vs. M.BABU

JUDGEMENT

(1.) The above appeal is preferred from the order dated 10th November, 2003 passed by CDRF, Kasargod in O.P. No. 75/03, the appellants are opposite parties 5 to 7 and the first respondent is the complainant and additional respondents 2 to 5 are the opposite parties 1 to 4 in the said O.P. No. 75/03. The aforesaid complaint was preferred against the opposite parties alleging deficiency in service on their part in their failure to refund the amounts deposited by the complainant with the first opposite party Shri. Infotech Ltd. through the 5th opposite party Gopalakrishna Bhat. Thus, the complainant claimed refund of the deposited amounts amounting to Rs. 31,000/- with interest, compensation and costs.

(2.) The opposite parties 1 to 4 remained absent and they were declared exparte. The opposite parties 5 to 7 entered appearance and filed written version denying the alleged deficiency in service. They contended that they had no connection with the first opposite party Shri. M.M. Infotech Ltd and that they are unnecessary parties. The complaint is bad for mis jointer of parties. It was further contended that the first opposite party Shri. M,M, Infotech limited had no branch in Kasargod and the first opposite party, company is at Bangalore. Thereby they contended that the complaint filed before CDRF, Kasargod is not maintainable. Thus, the opposite parties 5 to 7 prayed for dismissal of the complaint filed against them.

(3.) Before the Forum below, the complainant was examined as Pw1and witness on his side as Pw2. Exts. A1 to A5 documents were also marked on the side of the complainant. The 7th opposite party was examined as Dw1 and Ext. B1 document was marked on the side of opposite parties 5 to 7. On an appreciation of the evidence on record, the Forum below passed the impugned order dated 10th November, 2003 allowing the complaint against the opposite parties 1 to 7 and thereby the opposite parties were made jointly and severally liable to pay the fixed deposit amount of Rs. 31,000/- to the complainant with interest from the respective dates of deposit and compensation of Rs. 2,500/- and cost of Rs. 1,000/- Aggrieved by the said order, the present appeal is filed by the opposite parties 5 to 7 therein.