RAJU ALIAS KULWINDER SINGH Vs. KULWANT SINGH

JUDGEMENT

(1.) The respondents in this case viz., Shri/Smt. Kulwant Singh, Jagtar Singh, Rajinder Singh, Dharam Pal Singh, Darshan Singh, Gulzar Singh, Guljinder Singh and Parmajit Kaur were the complainants before the District Forum. They deposited different amounts with the respondent company at Kurali, District Ropar, Punjab. As the money was not returned with interest they filed a complaint with the District Forum against Raju @ Kulwinder Singh son of Gurdeep Singh, Managing Director of Helious Group. The opposite parties 1, 2 and 3 contested the case raising several grounds. The O.P. 1 has stated that he is merely an Assistant Branch Manager of O.P. 4. O.P. 2 has stated that he was the Post Master at Morinda Post Office and had no concern with the company. O.P. 3 has stated that she was an employee of the company appointed on a salary basis and (sic.) affixing her signature on the receipts as per directions of the O.P. 1. She further submitted in her affidavit that loans were collected by O.P. 1 who was the Administrator and in-charge of the Branch Office at Kurali, hence, O.P. 1 was responsible to the company as well as investors for the conduct and business of branch office. After perusing the affidavit and various records of the case and hearing the parties, the District Forum accepted the complaint against O.P. 1, O.P. 2 and O.P. 4 with costs quantified as Rs. 1,000 while the complaint was dismissed against O.P. 3 without any cost. O.P. 1, O.P. 2 and O.P. 4 were directed to make payment of the maturity value of the amount deposited as reflected in the investment book with 18% interest from the date of maturity till realization.

(2.) Aggrieved by the order of the District Forum Raju @ Kulwinder Singh and Gurdeep Singh son of Nikka Singh have filed an appeal before the State Commission. Before the State Commission, the official liquidator of High Court of Bihar has informed the Commission "that M/s. Helious Finance and Investment Ltd., has gone into liquidation vide order of the Hon'ble High Court, Patna dated 8.10.1999 and the official liquidator has been appointed as provisional liquidator. But till date the office of the official Liquidator, High Court, Patna has not taken the possession of the said company and the report has already been filed before the Hon'ble High Court, Patna for further direction. Learned Counsel for the appellants has not placed before the State Commission any judgments of Hon'ble High Court, Patna".

(3.) The State Commission held that "the respondents were not parties to the proceedings before Hon'ble Patna High Court. Since the final order has not been passed, mere proceedings before the Hon'ble High Court, Patna could not be attracted to forestall the proceedings under the Consumer Protection Act, brought by the complainant for the refund of their respective amounts and the interest lying due. We accept the prayer of the learned Counsel for the appellants and modify the impugned order holding that the liability of the deposits and interest in all such cases shall rest with the company. Respondent No. 2 Helious Group, through its Chairman/Director/Officer Bearer, Reg. Helious Bhavan, Station Road, Patna (Bihar). The appellant No. 1 Raju @ Kulwinder Singh who had collected the money from the complainant on behalf of the company will pursue the matter with the company for refund of the amounts received from the complainant and shall be jointly and severally liable to make the payment. Since appellant No. 2 was not an employee of the company and is a Government employee impugned order qua, Gurdeep Singh, is set aside. For the reasons recorded above, the appeal is partly allowed. Order of the District Forum in each case is affirmed subject to aforesaid modification."