WORLD LINK FINANCE LTD Vs. M R DIXIT

JUDGEMENT

(1.) Since the abovementioned appeals, filed by the appellant named above, under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') have common facts and also raise common questions for consideration, the same with the consent of the learned Counsel for the appellant and the respondent/learned Counsel for the respondents have been heard together and are being disposed of finally by this common order.

(2.) The facts, relevant for the disposal of the abovementioned appeals, lie in a narrow compass. The appellant is a non-banking Company, duly incorporated and registered under the Companies Act, 1956, having its Registered Officer at 151, Maker Chambers, III-Nariman Point, Mumbai and a Branch Office at 1102, Akash Deep Building, 26-A, Barakhamba Road, New Delhi. In all the abovementioned appeals, the respondents had made deposits with the appellant. The deposits, so made by the respondents, with the appellant, were to carry interest at the agreed rate and after the date of maturity, the same were payable by the appellant to the respondents together with interest. Since the appellant failed to pay the amount of deposits together with the agreed rate of interest to the respondents, the respondents filed separate complaints against the appellant before the District Forum under Sec.12 of the Act with the prayer that the appellant be directed to refund the amount of deposits together with interest, compensation and costs.

(3.) The claim of the respondents, before the District Forum, was contested by the appellant. In the reply/written version, filed on behalf of the appellant, it was stated that the respondents were not 'consumers' within the meaning of Sec.2 (1) (d) of the Act; that there was no 'privity of contract' between the parties; and the period allowed for payment should have been reasonable - atleast for six months.