D ANIL KUMAR BHAT Vs. VANAJA SUBBA RAO

JUDGEMENT

(1.) This appeal is directed against the common order passed on 22.3.1991 by the District Forum, Bangalore, in complaint Nos.426, 415, 414, 411, 156, 155, 154, 55, 89, 23, 153, 404 and 416 of 1990-91 on its file. It arises in this way:

(2.) The Respondents had deposited various amounts with M/s. Sringar Finance Corporation, of which the Appellant is the sole proprietor now. As the Appellant failed to return their amounts with interest the Respondents filed complaints before the District Forum for recovery of the said amounts. The Appellant admitted before the District Forum that M/s. Sringar Finance Corporation was dissolved with effect from 11.12.1990 and that thereafter entire business of the said firm with all its assets and liabilities were purchased, as a going concern, by him from all its partners and that he alone is responsible for the claims in those complaints. He also admitted that Complainants had made deposits as stated in their complaints. He contended that the Complainants were non-consumers. The District Forum held that the complainants were 'consumers' and directed the Appellant to pay the amount claimed by all the Complainants by its common order dated 22.3.1991. The Appellant should have filed separate appeals against the orders of each complaint, instead of filing only one appeal. At the request of the Appellant we had issued summons to Mr. Suresh N. Shetty to produce certain documents mentioned in the application of the Appellant. Mr. Suresh N. Shetty appeared before the Commission today and stated that he was not possession of any of the accounts books of M/s. Srinagar Finance Corporation and that he cannot produce them. The Appellant has admitted that he is the sole proprietor of M/s. Sringar Finance Corporation now and that he alone is responsible for paying the claims of all the Respondents. He has admitted that the Complainants had deposited the amounts as stated by them in their complaints. He has failed to produce any documents to show that he has paid any portion of the amount to the Respondents. Hence order passed by the District Forum in all the said complaints are proper and we see no reason to interfere with the same.

(3.) In the Result the Appeal is Dismissed. The Appellant shall pay costs of Rs.200/- (Rupees Two hundred only) to each of the Respondents and bear his own.