ANJALI GUPTA Vs. K M ENTERPRISES

JUDGEMENT

(1.) Briefly the facts are that the complainant filed a complaint before this Commission for recovery of Rs.99,000/- with interest and compensation. In the order dated 1.1.92 respondent Nos.1 and 2 were ordered to pay Rs.1,47,141/- with interest @ 18% p. a. from the date of the order till the date of payment within a period of two months. It is further ordered that if they failed to make the payment of the amount within that period, action shall be taken against them u/sec.27 of the Consumer Protection Act. The respondents failed to make the said payment within the prescribed period. Consequently the complainant filed a complaint that proceedings be initiated against respondent Nos.1 and 2 under the Consumer Protection Act, because they failed to make the payment as directed by the Commission.

(2.) A show cause notice for 15.2.93 was issued to the respondents as to why action be not taken against them u/sec.27 of the Consumer Protection Act, on 8.1.93. On that date Shri H. N. Kumra did not appear. Consequently bailable warrants were issued against him. He appeared on 10.3.93. He filed reply dated 12.4,93. The complainant was given an opportunity to file evidence in support of the complaint and respondent an opportunity to file evidence in defence.

(3.) Shri Kumra, respondent, in reply to the show cause notice stated that the KM. Enterprises consists of tliree partners namely Shri Manu Ramchandani, Shri Surinder Sarhadi and Shri H. N. Kumra. However, the show cause notice u/sec.27 had been issued only against him. It is further stated that an appeal had been filed against the order dated 1.10.92 before the National Commission which was pending. Consequently the proceedings u/sec.27 were liable to be stayed till the disposal of the appeal.