MODERN SYNTEX I LTD Vs. ADITYA KUMAR SHARMA

JUDGEMENT

(1.) Both these appeals filed under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred as 'the Act'), are directed against common order dated 1.4.2000 passed by West District Forum-III in Complaint Case No.6028/1998 - Aditya Kumar Sharma V/s. Modern Syntex (I) Ltd. , and Complaint No.6029/1998 - Shakuntla Sharma V/s. Modern Syntex Ltd. , whereby appellant was directed to pay to each complainant, the amount mentioned in Column No.6 along with interest @ 15% p. a. w. e. f. the date mentioned in column No.7 of the Annexure attached to the said order. Appellant was also directed to pay Rs.500/- as cost to each respondent.

(2.) Facts relevant for the purpose of disposal of this appeal in brief are that respondent in each case had invested a sum of Rs.15,000/- in fixed deposit. Appellant failed to pay back the said amount with agreed rate of interest on maturity and each respondent filed the complaint before the District Forum. Appellant, in its written statement, before the District Forum, pleaded that Company Law Board had approved a scheme for the payment of deposits to the creditors and, therefore, the District Forum had no jurisdiction to entertain the complaint. It was, accordingly prayed that the complaint be dismissed.

(3.) After hearing the parties, the District Forum held that Fora was not bound by the order of the Company Law Board and that it had jurisdiction to entertain the complaint. Thereafter the impugned order was passed granting relief to the respondents.