SANJAY KUMAR AHUJA Vs. SHANTA RANI

JUDGEMENT

(1.) Petitioners are the partners in the partnership firm. They were opposite parties before the District Forum on complaints filed the respondents complainants. It was alleged in the complaints that various amounts had been deposited by the complainants with the opposite parties by means of cheques. The amounts were for different periods and they were to be paid after maturity with interest. When the complainants sought refund of the amount and it was not repaid, complaints were filed seeking refund of the amount with interest @ 18% per annum.

(2.) Petitioners have raised an objection that it was not a consumer dispute and the complaints were not maintainable. On the merit it was alleged that the petitioners had suffered loss and there were disputes among the partners. The fact that amounts were deposited could not be denied. District Forum after considering the whole aspect of the matter allowed the complaints and directed that the petitioners shall refund various amounts in these three petitions with interest @ 18% per annum from a particular date. Cost of Rs. 500/- was also imposed. State Commission on appeal filed by the petitioners affirmed the order of the District Forum and dismissed the appeals.

(3.) Still feeling aggrieved, petitioners have filed these petitions. At the outset, it was submitted by the learned Counsel for the petitioners that earlier similar matters were considered by the National Commission where again orders of the State Commissions had been affirmed in revision and against those orders Special Leave Petition was filed in the Hon'ble Supreme Court where stay has been granted. It was not again disputed before us that amounts regarding which refund was ordered by the District Forum, had in fact been received by the petitioners but the submission was that petitioners were having various accounts and it could not be ascertained in which accounts these amounts were credited. It is also submitted that it was not that petitioners had invited deposits either by means of publication or otherwise. That may be so. But when the amount lying deposited with the petitioners was not disputed and it was also not disputed that petitioners had been taking various amounts from various parties and crediting the same in their accounts and paying interest on that it could not be said that complaints did not raise a consumer dispute.