MANOHARLAL BHANDARI Vs. SUN EARTH CERAMICS LTD.

JUDGEMENT

(1.) K .S. Gupta, Member"This revision is directed against the order dated 3.6.2004 of Consumer Disputes Redressal Commission Rajasthan, Jaipur dismissing appeal against the order dated 10.9.2003 of a District Forum whereby complaint filed by the petitioners was dismissed.

(2.) PETITIONERS /complainants had deposited a sum of Rs. 50,000 with the respondent opposite party Company for a period of one year. Deposit was to carry interest @ 13.5.% p.a. After maturity period, the respondent remitted only a sum of Rs. 7,180 towards interest. Thus, alleging deficiency in service on part of the respondent Company, a complaint was filed by the petitioners seeking refund of the deposited amount with interest and compensation. In the reply filed on the affidavit of Ashok Turakhiya by the respondent Company, it was alleged that as the company went sick a reference was made to the Board of Industrial Reconstruction under Section 15 of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short the Act) which has been registered at serial No. 21/2003. On this ground, the liability to pay the claimed amount was denied. The District Forum dismissed the complaint holding that it could be filed only after obtaining permission from BIFR. Appeal taken, out against forums order by the petitioners was also dismissed by the State Commission taking the view that petitioners may seek their remedy before the appropriate authority under the Act.

(3.) SUBMISSION advanced by Shri Vinod Kumar, Amicus Curiae is that the pendency of respondent Companys reference under the Act of 1985 would not operate as bar to the maintainability and disposal of the complaint by the Consumer Fora and the orders under challenge are, therefore, legally erroneous. Reliance has been placed on the decision in Sneha Dyechem Ltd. v. Jyoti Rathore.1 This decision was rendered with reference to Section 22 of the Act. Act of 1985 does not provide for any permission to continue with a pending complaint filed under the Consumer Protection Act, 1986 nor does it place any restriction on the consumer Fora to deal with a complaint pending proceedings under the said Act. Orders passed by Fora below are, therefore set aside and complaint is accepted with direction to the respondent Company to pay amount of Rs. 42,820 (Rs. 50,000 minus Rs. 7,180 with agreed rate of interest of 13.5% p.a. from the date of deposit till realization alongwith cost of Rs. 10,000 to the petitioners. Revision petition allowed.