RAJANI CHIT FUND PVT LTD Vs. B SHANKARAIAH

JUDGEMENT

(1.) The respondent/complainant already preferred P. P. No.14/1999 for enforcement of the order of the Warangal District Forum in CD No.17/1996 dated 12.4.1999. On 5.10.1999 the Warangal District Forum allowed that P. P. and sentenced the Managing Director of the respondent therein i. e. , Mr. Ch. Saraiah, to imprisonment for a term of six months and also imposed on him a fine of Rs.5,000/- and in default of payment of fine sentenced him to suffer imprisonment of three more months. Pursuant to the said order Mr. Ch. Saraiah was imprisoned. He questioned the said order before us in R. P. No.147/1999. Pending the said R. P. he also filed R. P. I. A. No.1408/1999. On 7.10.1999 when this R. P. and R. P. I. A. came up before us we directed as follows : "the order of the Warangal District Forum in P. P. No.14/1999 dated 5.10.1999 to the extent it has imposed the sentence of imprisonment on the Managing Director of M/s. Rajani Chit Fund Pvt. Ltd. , Mr. Ch. Saraiah, shall stand suspended pending further orders of this Commission subject to the condition of the petitioner depositing a sum of Rs.87,600/- before this Commission by way of a pay order/demand draft drawn in favour of the Registrar, A. P. State Consumer Disputes Redressal Commission. Pursuant to our order made yesterday i. e. , on 6.10.1999, in FA IA No.1347/1999 in FA SR No.2998/1999, the learned Counsel for the petitioner is ready with the pay orders of Malakpet branch, Hyderabad of Andhra Bank bearing Nos.398545 and 398546 both dated 7.10.1999 for Rs.40,000/- and Rs.47,600/- respectively drawn in favour of the Registrar, A. P. State Consumer Disputes Redressal Commission, Hyderabad. He has deposited them today before us. The Registrar shall encash the pay orders and keep the said amounts in his account subject to further orders. We are also informed that the fine of Rs.5,000/- was already paid by the petitioner herein. He has also placed before us the challan bearing No.668307 dated 5.10.1999 evidencing payment of the same. In the circumstances the Superintendent of Central Jail, Warangal shall forthwith release Mr. Ch. Saraiah who has been imprisoned pursuant to the order of the Warangal District Forum in PP No.14/1999 dated 5.10.1999. Copy of this order shall be immediately despatched to the Warangal District Forum and the President of the Warangal District Forum shall see that Mr. Ch. Saraiah is immediately released. A copy of this order shall be handed over by the Registrar of this Commission with a covering letter to Mr. Ch. Praveen, Clerk of M/s. Rajani Chit Fund Pvt. Ltd. , who is present before us, and he shall hand over the same to the President of the Warangal District Forum for immediate action to be taken as per the directions of this Commission. It is represented to us by the learned Counsel for the petitioner herein that a copy of the order of the District Forum in PP No.14/1999 dated 5.10.1999 was not furnished to the petitioner even before he was taken to prison. It is also represented that an application for a copy of that order had been made on 5.10.1999 itself but that it had not been handed over immediately. If true, this is a most unfortunate circumstance and the District Forum shall see that it shall not happen again. When a person's liberty has been curtailed he shall have to be furnished with the order under which his liberty has been curtailed. This is a Constitutional imperative. The District Forum shall see that if this has happened, it shall never happen again. The President of the District Forum shall be informed of this. " Pursuant to that order Mr. Ch. Saraiah was released.

(2.) Under the circumstances the R. P. is allowed in part and the order of the District Forum in PP No.14/1999 dated 5.10.1999 is modified by imposing fine of Rs.3,000/- in place of sentence of imprisonment for a term of six months.

(3.) The Registrar shall remit the sum of Rs.3,000/- from out of Rs.87,600/- deposited by the opposite party (petitioner herein), to the Treasury by way of challan towards the payment of that fine by the petitioner. Orders passed.