USHA RECTIFIER Vs. JAYSHREE PUSHKAR RAI

JUDGEMENT

(1.) This order will disposed of appeal Nos.93 and 94/90 which contain common question of law and facts. Briefly the facts are that the appellant company issued an advertisement on 6th September, 1989 inviting applications for allotment of shares and debentures. The respondent made an application for allotment of debentures. He was allotted the debentures applied for by him. Later he applied to the company that the money sent by him alongwith application form be returned to him as he was not interested in the debentures. The company refused to return the money on the ground that the complainant was not entitled to get refund of money after the shares had been allotted to him. He made an application before the District Forum for ordering the company to refund the amount. His application was allowed by the District Forum. The company has come up in appeal against the order of District Forum to this Commission.

(2.) The contention of the learned Counsel for the appellant is that the company is registered under Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) and therefore Part A of Chapter III of the MRTP Act is applicable to it. Consequently no action can be taken against it under the Consumer Protection Act. We have seen the Certificate of Registration under Sec.26 of the MRTP Act read with Rules framed under it and find that Part A of Chapter III of the said Act is applicable to the company. Therefore the complainant cannot take benefit of the provisions of the Consumer Protection Act. A similar matter has been decided by us in M/s. Appollo Tubes Ltd. V/s. Lal Chand Malhotra (Appeal No. A-15/89 decided on 8.11.90 ). The facts of that case were similar and the observation in that case was fully applicable to the facts of the present case.

(3.) Consequently we are of the opinion that the compliant is not maintainable against the appellant under the Consumer Protection Act. For the aforesaid reasons we accept the appeals, set-aside the order of the District Forum and dismiss the complaint. In the circumstances of the case we make no order as to costs. Appeal allowed.