INDIAN OVERSEAS BANK Vs. MATHURA MOHAN DE

JUDGEMENT

(1.) The issues raised in this appeal arise out of an agreement entered into by the Society known as International Society for Krishna Conscious ness Mayapur Vrindavan Fund and the Indian Overseas Bank Ltd. in respect of certain amounts belonging to the Society lying in deposit in the Savings Bank A/c with the said Bank. There was some arrangement made by the founder Acharya of the Society with the Bank in relation to payment of interest accruing due on 5 fixed deposit receipts issued by the Bank in the name of the aforesaid Society, the interest being directed under the said arrangement to be paid to some of the erstwhile family members (prior to taking sanyasa) of the founder Acharya. The respondent herein who is the son of the founder Acharya, was one of the beneficiaries under the said arrangement. It appears that shortly after the demise of the founder Acharya, the office-bearers of the 1SCON wrote a letter to the IOB countermanding the instructions given by the founder Acharya and calling upon the Bank to pay the amount of interest on 5 fixed deposit receipts to the Society itself and not to the erst while relatives of the Acharya. In regard to the dispute arising therefrom, there were litigations pending in the proceedings instituted in the High Court of Calcutta by the present respondent as against the Society and in one of those proceedings, the Bank was also impleaded as a party. We are informed that ultimately those proceedings ended in an amicable settlement reached be tween the Society and the present respondent and some of the other members who had also got themselves impleaded in these proceedings, whereunder a sum of Rs 7,50,000/- is said to have been paid to the present respondent by the Society allegedly in full and final settlement of all the claims of the respondent arising out the arrangement made by the founder Acharya with the Bank. Even thereafter, disputes were raised by the present respondent by putting forward a claim against the Bank for realisation of interest for a long number of years in respect of the fixed deposit amounts. Various defenses were taken by the Bank as against the said claim inclusive of the plea of limitation and reliance was also placed on the settlement aforementioned but the State Commission, Calcutta before which the dispute was brought in the form of a complaint petition under the Consumer Protection Act passed a rather perfunctory order allowing the claim of the respondent herein against the Bank and directing the bank to pay to the respondent herein an interest amounting to Rs. 5,20,530/- for a period of 14 years prior to the date of complaint. In addition to the said amount of interest, the complainant was also awarded a sum of Rs. 5,000 / - by way of costs and damages. It is against the said decision of the State Commission this appeal was taken by the TOB and its officers.

(2.) After hearing the Counsels on both sides, we are clearly of the opinion that the points arising in this case can be determined only after a full adjudication is conducted into the inter se rights as between the respondent herein (complainant) and the ISCON and the obligations of the Bank, if any, towards the complainant under the arrangement that had been made with the Bank by the founder Acharya of the Society which was purported to be superseded by the instructions given to the Bank by the representatives of the Society subsequent to the demise of the founder Acharya. All this can be done satisfactorily only in a regular civil suit and the proceedings under the Consumer Protection Act are totally inept for conducting an adjudication into complicated issues of this kind. The State Commission unfortunately overlooked this important aspect and has disposed of the complaint petition rather by a perfunctory order. It has been brought to our notice that a suit is already pend ing in the High Court, Calcutta and the said suit was instituted in the Calcutta High Court by the present respondent Suit No. 775/93. Execution proceedings are also presently pending before the High Court No. OA. No. GA/1897/95 APO/1/232/95 and consideration of the said matter by the High Court has been postponed by the High Court to await the decision of this appeal by this Commission. In the view that we have just now expressed that it is not possible for this Commission in proceedings under the Consumer Protection Act to conduct a satisfactory adjudication of the disputes raised by the complainant in the present case as against the Bank especially in the absence of the. ISCON which is a material party which is likely to be affected by such adjudication, we leave it open to both sides to request the Calcutta High Court to pass appropriate orders regarding the adjudication of the question now raised before us in the presence of all the parties either the High Court itself or any other appropriate Court which will have jurisdiction on the matter. Without prejudice to such alternative remedy being resorted to by either side, we set aside the order of the State Commission and leave the parties to get the matter decided by an appropriate Civil Court having jurisdiction inclusive of the Calcutta High Court in the proceedings pending before it and make it clear that we are not expressing any opinion on the contentions raised before us by the Counsel appearing on either side. This Appeal is disposed of on the above terms. No costs.