LAWS(NCD)-2012-1-29

SAHA FINANCIAL SERVICES Vs. BIPRADAS MANDAL

Decided On January 02, 2012
SAHA FINANCIAL SERVICES Appellant
V/S
BIPRADAS MANDAL Respondents

JUDGEMENT

(1.) THIS revision petition challenges the order dated 5th April 2011 of the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, the State Commission). By this order, the State Commission disposed of the appeal of the complainant/respondent no.1 with the direction that he would be entitled to receive, from the petitioner, interest on the deposit of Rs.1,85,805/- @ 8% per annum from 13.04.2005 till realisation, thus modifying the date of commencement of interest entitlement to 13.04.2005 instead of 29.08.2008, as directed by the District Consumer Disputes Redressal Forum, North 24 Parganas, Barasat (in short, the District Forum) in its order dated 29.07.2009 on the complaint filed by respondent no.1.

(2.) AFTER hearing the counsel for the petitioner/opposite party (OP) no.1, , notice was issued limited to the point whether, in the facts and circumstances of the case, interest on Rs.1,85,805/- should be awarded with effect from 28.08.2008, as ordered by the District Forum.

(3.) ON the other hand, Mr. Singhania has, without permission, filed several documents though he was allowed with reference to the limited notice, to only to respond to the above-mentioned contention of Mr. Mitra and the document produced by him. The thrust of Mr. Singhanias argument is mainly that the petitioner was unable to produce evidence before the District Forum and, therefore, the matter should be remanded back for fresh adjudication after allowing the petitioner to produce evidence.