D C M LTD Vs. NEERAN SAWHNEY

JUDGEMENT

(1.) The present appeal, filed by the appellant, under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'), is directed against order dated 18.11.1999, passed by District Forum No. III in Complaint Case No.204/1999-entitled Sh. Neeran Sawhney V/s. D. C. M. Ltd. and Ors.

(2.) The facts, relevant for the disposal of the present appeal, lie in a narrow compass. The respondent Shri Neeran Sawhney had made deposit with the appellant under a Scheme, floated by the appellant. The deposit, so made, by the respondent with the appellant, was to carry interest and was payable after the date of maturity. Since the appellant failed to pay back the amount to the respondent even after the date of maturity, respondent filed a complaint under Sec.12 of the Act before the District Forum for recovery of amount due to him from the appellant under the above-said scheme together with interest and cost.

(3.) The claim of the respondent before the District Forum was contested by the appellant. The stand, taken by the appellant, before the District Forum, was that in view of the order passed by Company Law Board, fixing the schedule for repayment of deposits, made by the depositors, with the appellant, the complaint before a Fora, constituted under the Act, was not maintainable.