NEELA V RAJE Vs. AMOGH INDUSTRIES

JUDGEMENT

(1.) This is an appeal against the order of the District Forum, Pune dated 12.2.1991 passed in Complaint No.64/90. The appellant had approached the District Forum, Pune alleging that she had deposited Rs.35,000/- with Amogh Industries for purposes of getting interest. The complainant alleged that Amogh Industries Stopped paying interest since April, 1989. It is further alleged that as regards the deposit receipt of Rs.10,000/- although the period of deposit had expired on 22.11.88, the Amogh Industries did not return back the principal amount together with interest. The complainant, therefore claimed that the Principal amount of her two deposits amounting to Rs.35,000/- be ordered to be returned to her with interest.

(2.) The opposite party filed its written version and raised the preliminary issue of jurisdiction of the District Forum and submitted that the Civil Court alone had the jurisdiction to decide the dispute. It is however admitted that the complainant had deposited Rs.35,000/- The Amogh Industries did not settle the claim of the complainant on various excuses. The District Forum rejected the complaint of the complainant on the ground that it is not maintainable before the District Forum as it has no jurisdiction to decide the subject matter. The District Forum further advised the complainant to approach the Civil Court for the relief. The District Forum observed that payment of interest simplicitor will not fall within the definition of "service", appearing in Sec.2 (o) of the Consumer Protection Act, 1986 . The District Forum has given a detailed judgment discussing various aspects and has come to the conclusion that it had no jurisdiction to decide the dispute within the meaning of the Consumer Protection Act. Feeling aggrieved, therefore, the complainant has approached this Commission in the present appeal.

(3.) We have heard Shri Shirish Deshpande for the appellant and Shri V. P. Dube, Advocate for the respondent. We have also heard Mrs. Irene Fonseca as anicuscurai as the question arose for our determination has large ramification.