1995 (5) TMI 213 - Commission - Companies Law

Summary

Issues:
1. Legality of orders directing the company to allot debentures to the complainant.
2. Whether the complainant qualifies as a consumer.
3. Challenge to the orders passed by the District Forum and the State Commission.
4. Jurisdiction under the Consumer Protection Act, 1986.

Detailed Analysis:
1. The revision petition challenged the legality of orders directing the company to allot partly convertible debentures to the complainant. The complainant had applied for shares and debentures, but the company only allotted debentures and refused shares. The District Forum initially ordered compensation to the complainant but did not direct the allotment of debentures. The State Commission later modified the order, directing the company to allot debentures to the complainant.

2. The main contention raised by the revision petitioner was whether the complainant qualified as a consumer. The revision petitioner argued that the complainant was not a consumer, challenging the orders passed by the lower forums. The revision petition relied on a previous order by the Commission in a similar case, where it was discussed that the complainant did not meet the criteria to be considered a consumer under the Consumer Protection Act, 1986.

3. The company challenged the orders passed by the District Forum and the State Commission. The State Commission had granted additional relief to the complainant by directing the company to allot debentures. However, the Commission, in line with a previous order, upheld the objections raised by the revision petitioner regarding the maintainability of the complaint and set aside the orders passed by the lower forums.

4. The Commission, in its judgment, declared that the complainant could not be considered a consumer, rendering the orders passed in her favor illegal and without jurisdiction under the Consumer Protection Act, 1986. The revision petition was allowed, and the complaint filed by the complainant before the District Forum was dismissed, superseding the orders of the lower forums. The judgment emphasized the importance of the complainant meeting the criteria to be classified as a consumer under the relevant laws.