2000 (2) TMI 716 - Commission - Companies Law

Summary

Issues:
- Appeal against order dated 18-11-1999 by District Forum No. III under Consumer Protection Act, 1986.
- Contesting the complaint filed by respondent for recovery of deposit with interest.
- Appellant's argument based on CLB and High Court orders.
- Interpretation of orders by CLB and High Court.
- Lack of merit in appellant's contentions.

Analysis:
The judgment pertains to an appeal filed under the Consumer Protection Act, 1986, against an order dated 18-11-1999 by District Forum No. III. The respondent had deposited an amount with the appellant under a scheme that carried interest and was payable after maturity. When the appellant failed to repay the amount post-maturity, the respondent filed a complaint for recovery. The appellant contested the claim, citing CLB's order fixing repayment schedules for depositors as a reason for the complaint's non-maintainability.

The District Forum allowed the respondent's complaint, directing the appellant to repay the amount with interest. The appellant, feeling aggrieved, filed the present appeal. During the proceedings, the appellant's attorney referred to CLB and High Court orders regarding repayment schedules for depositors. However, the Commission found the appellant's contentions devoid of substance based on a recent decision in a similar case and the interpretation of the High Court order.

The Commission noted that the High Court order did not specify the respondent's involvement in the proceedings or confirm the payment to depositors, including the respondent. Consequently, the appellant's arguments lacked merit. The Commission dismissed the appeal, stating it was devoid of substance and deserved to be dismissed in limine with no order as to costs.