SANTOSH CHADHA Vs. SYNERGY FINANCIAL EXCHANGE LTD

JUDGEMENT

(1.) Aggrieved by the order dated 2.12.2002, the present appeal has been filed by the complainant/petitioner Mrs. Santosh Chadha. Vide impugned order, the District Forum ordered the execution file of the petitioner to be consigned as official liquidator has been appointed after the O. P.-Company has been wounded up.

(2.) From the facts of the case, it appears that the complainant deposited various amounts with the O. P. company at the interest @ 19% p. a. However, the O. P. company did not refund the amount on maturity in spite of repeated requests. Hence the petitioner filed complaints before the District Forum. The District Forum vide order dated 9.10.2000 allowed the complaint and directed the O. P. company to make payment of the principal amount as well as interest and also pay sum of Rs.1,500 for mental agony and harassment including cost of litigation. It was for enforcement of this order that the petitioner filed the execution petition before the District Forum. In the meantime, the company has been wounded up and official liquidator was appointed. Acting on this information the District Forum consigned the file.

(3.) I have heard the petitioner and have considered the documents on record. The main order dated 9.10.2000 was passed before the company was wounded up and official liquidator was appointed. Proceedings under the Consumer Protection Act, 1986 are in addition to any other remedy available under the law. In the instant case, an order was passed in favour of the petitioner with the direction to O. P. company to refund the deposited amount with interest along with compensation. That order has not been complied with even after lapse of 7 years. The order of the District Forum consigning the file simply on the ground that official liquidator has been appointed cannot be sustained. Even if official liquidator has been appointed after the main order was passed, the Directors of the Company jointly and severally are liable for refund of amount.