S. THRILOCHANA RAO Vs. JONNALA NARESH

JUDGEMENT

(1.) THESE three appeals are preferred by the Chairman and Managing Director and a partner of Sree Raja Rajeswara Finance and Investments, the opposite parties/JDRs, against the order of the Dist. Forum issuing NBWs for recovery of the amount covered under the FDRs without inquiry as contemplated under Section 27 of the Consumer Protection Act.

(2.) THOUGH separate orders were passed in each of these appeals filed by appellants, in the light of the fact that a common question of fact and law have arisen, we deem it fit that a common order can be passed in all these appeals. The facts of one of the cases viz., C.C. No. 256/2002 are taken as representative sample of all other cases to avoid confusion.

(3.) THE complainants filed the complaints for recovery of amount covered under the FDRs issued by Sree Raja Rajeswara Finance and Investments Company. They impleaded the Chairman and Managing Director and a partner as opposite party Nos.1 and 2. Since they did not choose to contest an order was passed on 21.9.2004 directing them to pay the amount covered under the FDRs with interest and costs. The complainants filed a petition under Section 27 of the Consumer Protection Act to convict and sentence the appellants for non -payment of the said amount.