ANAND PRABHAKAR Vs. T.N. RAMACHANDRA SHETTY

JUDGEMENT

(1.) REVISION petitioner Mr. Anand Prabhakar was the opposite party in Complaint No.CC. 64 of 2010, filed by Mr. T.N. Ramachandra Shetty before District Consumer Disputes Redressal Forum Chikamagalur. The complaint was allowed by the District Forum and the appeal filed by the petitioner was dismissed by Karnataka State Consumer Disputes Redressal Commission in FA No.4438/2010. Thus, the revision petition is filed against concurrent orders of the District Forum and the State Commission.

(2.) THE facts as seen from the record are that on 21.12.2001 the Complainant had made a fixed deposit of Rs.1lakh at 18% interest per annum with the Archana Financers and Traders of which the petitioner/OP was the Managing Director. As the deposit was not returned with interest, a legal notice was issued to the OP on 5.1.2010, which failed to elicit any response. In response the OP had contended that he was running the business in the name of Archana Financers and Traders and had closed it in 2004. Under the prevailing rules he was required to keep the account for a period of seven years only. However, the claim of deposit made by the Complainant was denied by the OP. It was also contended that even assuming that the deposit was made, it was barred by limitation.

(3.) THE order of the District Forum has been confirmed by the State Commission with the following observations: -