SAHARA INDIA SAVINGS AND INVESTMENT CORPORATION LIMITED SEOCTR OFFICE KOTHRI GORDHANPURA KOTA Vs. DISTRICT FORUM CONSUMER PROTECTION KOTA

JUDGEMENT

(1.) AGAINST the order dated 19. 4. 89, passed by the District Forum, Kota, in complaint case No. 23/1989 M/s. Sahara India Savings and Investment Corporation Ltd. , Sector Office, Kothri, Gordhanpura Chowraha, Kota (Raj.) ("the Company") has filed this revision petition though captioned as appeal. The District Forum, Kota has held that it has jurisdiction to hear and decide the complaint filed against the company by the complainants-non-petitioners purporting to be under sec. 12 of the Consumer Protection Act, 1986 (Act No. 68 of 1986) ("the Act" ).

(2.) THE the complaint dated 3. 3. 89, it was alleged that the opposite-party-petitioner by alluring the members of the public entrapped them and enrolled them as its members. At the time of enrolements, an assurance was given that when the amount will be required, it will be repaid. THE agent of the company came to collect the amounts from the complainants for about one year in the court premises but for the last two months from the date of the filing of the complaint but thereafter he did not come. THEre was news that the company is going in liquidation. Eight days before, the agent was seen going in the court premises and so the complainants called him and enquired from him the reasons for not coming and asked him to make payments to which he refused. It has been alleged that the Company cannot refuse to make payment of the amounts deposited by them.

(3.) A rejoinder was filed by the complainants refuting the preliminary objections and also the averments made in the complaint.