UNITED FINANCE COMPANY Vs. M S SUBRAMANIAN

JUDGEMENT

(1.) In this revision filed with a delay of 44 days, challenge is to the order dated 28.7.2006 of Consumer Disputes Redressal Commission Tamil Nadu, Chennai allowing appeal against the later part of the order of a District Forum dated 18.7.2001 and directing the petitioners/opposite parties to pay bumper prize amount of Rs. 1 lakh to the respondent No. 1/complainant No. 1 with interest @ 7 from 15.8.98. The District Forum had allowed the complaint with direction to the petitioners to pay Rs. 2,000 to each of the respondents/complainants with interest @ 18% p.a. from 16.7.1998 and relegating them to civil suit with regard to prize amount of Rs. 1 lakh.

(2.) Pursuant to prize scheme announced by the petitioners, the respondent No. 1 deposited a sum of Rs.1,000 on 7.7.1993 for a period of five years. Respondent No. 2 deposited similar amount on 16.7.1993 for five years. On 17.10.1994, respondents received a letter from the petitioners in regard to winning of bumper prize of Rs. 1 lakh against deposit No. 1428 of respondent No.1. On maturity amount of two deposits and bumper prize not being paid, the respondents filed complaint which was contested by filing written version by the petitioners. It was not denied that respondent No. 1 was intimated through the letter dated 17.10.1994 of his having won bumper prize of Rs. 1 lakh. However, it was alleged that on failure of respondent No. 1 to produce the original deposit receipt the petitioners refused to pay the prize amount. Claim was stated to be barred by limitation.

(3.) During the course of argument, Mr. V. Ramasubramanian for petitioners did not press the plea of limitation taken by the petitioners. It was, however, contended by him that prize amount was to be paid only on production of original deposit certificate by respondent No. 1 which he failed to produce. As may be seen from the order of State Commission the respondent No. 1 alleged that original deposit certificate was lost by him and he got that fact published in newspaper so that any false claim to be filed could be stopped. Order further notices that payment of bumper prize amount of Rs. 1 lakh was to be made to respondent No. 1 on his furnishing necessary security bond in favour of the petitioners. Original deposit certificate having been lost by respondent No. 1 and payment of Rs. 1 lakh made subject to furnishing of necessary security bond by respondent No. 1, we are not inclined to interfere with the order of State Commission in revisional jurisdiction under Section 21(b) of C.P. Act, 1986. Revision petition is, therefore, dismissed.