B B SHARMA Vs. J K ARORA

JUDGEMENT

(1.) Since the above mentioned petitions, filed by the petitioners under Sec.17 (b) of the Consumer Protection Act, 1986 (hereinafter referred to 'the Act') have common facts and raise common questions for consideration, the same with the consent of the parties have been heard together and are being disposed of by this common order.

(2.) The facts, relevant for the disposal of the above mentioned petitions, lie in a narrow compass. Petitioner No.2 is a Company, duly incorporated and registered under the Companies Act, 1956, having its registered office at 1207, Hemkunt, Rajendra Place, New Delhi. Petitioner No.1 is the Managing Director of petitioner No.2. The respondents had made deposits with the petitioners. The deposits, so made by the respondents, with the petitioners, were to carry interest at the agreed rate and after the date of maturity the same were payable by the petitioners to the respondents together with interest. Since the petitioners failed to pay the amount of deposit together with agreed rate of interest to the respondents, the respondents filed separate complaints against the petitioners before the concerned District Forum under Sec.12 of the Act, with the prayer that the petitioners be directed to refund the amount of deposits together with interest, compensation and costs. The complaints, so filed by the respondents, were allowed by the concerned District Forum and the petitioners were directed to pay the amount detailed in the order passed in each of the complaint filed by the respondents.

(3.) The petitioners failed to comply with the order passed by the District Forum under Sec.14 of the Act on a complaint filed by the respondents under Sec.12 of the Act, as a result of which the respondents filed separate applications under Sec.27 of the Act for taking action against the petitioners. The learned District Forum, vide orders, being impugned in the present proceedings, has sentenced petitioner No.1, the Managing Director of petitioner No.2 to imprisonment for one year in each of the above mentioned cases under Sec.27 of the Act and it has been ordered by the District Forum that the sentence of imprisonment, so awarded, shall run consecutively i. e. one after the other.