VEMURI BHARATHI Vs. VIJAYA CREDIT CORPORATION

JUDGEMENT

(1.) In C. D. Nos.51/93 and 84/93 the opposite parties are the same. But the complainant's are different. Since the nature of the relief claimed is one and the same and the questions that have to be decided are also common, we consider that these two C. D. 's cart be disposed of by a common order.

(2.) There is one complainant in C. D.51 of 1993 and seven complainant's in C. D.84 of 1993. Their case is that they have deposited certain amounts with the opposite party i. e. M/s. Vijaya Credit Corporation, the partnership firm of which opposite parties 2 to 10 are partners. But the opposite party i. e. Partnership firm, did not repay the amount to them on maturity of the deposit amount. In certain cases the initial deposits were renewed for further periods. The only contention is that even after maturity of those deposits the opposite parties inspite of demand did not repay the amount. Hence these complaints are filed for a direction to the opposite parties i. e. partnership firm as well as the 10 partners to pay the amount due to the complainants in both the complaints with interest at 24%. In CD 51/93, the complainant claimed for refund of Rs.41,140/towards the amount due to him in respect of three deposits with interest at 24% p. a from 18.3.93 and also a sum of Rs.5,000/- towards costs and Rs.75,000/- towards exemplary damages.

(3.) The first complainant in C. D.84/93 claimed a sum of Rs.1,09,265/- with interest at 24% p. a. with effect from 10.3.93 and also the amounts of Rs.5,000/- towards costs and Rs.75,000/- towards exemplary damages. Similarly the second complainant claimed Rs.30,731/- with 24% interest from 10.3.93 and also the aforesaid mentioned sums towards costs and exemplary damages. Similarly the third complainant claimed Rs.20,836/- with interest at 18% p. a. from, 10.3.93 till the date of payment and also costs and exemplary damages. Fourth complainant claimed an amount of Rs.31,949/- with interest at 18% p. a from 10.3.93 and also Rs.5,000/- towards costs and Rs.75,000/- towards exemplary damages. Fifth complainant claimed Rs.13,891/- with interest at 18% p. a. from 10.3.93 and Rs.5,000/- towards costs and Rs.1,00,000/- as exemplary damages. Sixth complainant claimed Rs.20,549/- with interest at 18% p. a. from 10.3.93 and costs of Rs.5,000/- and exemplary damages of Rs.75,000/-. Seventh complainant claimed Rs.34,249/- with interest at 18% from 10.3.93 and also Rs.5,000/- towards costs and Rs.75,000/- towards exemplary damages. Opposite Parties 1, 2, 3, 7, 8 and 10 remained exparte.