2006 (7) TMI 327 - SC - Companies Law

Decree passed by the State Consumer Disputes Redressal Commission, New Delhi under Consumer Protection Act, 1986 - premature withdrawal - Held that - Appeal partly allowed by way of remand. In cases of this type, the burden is on the complainant to show the rate of exchange prevalent on the various dates in order to assist the court to arrive at the indicative prices. This has not been done in the present case. Neither the State Commission nor the National Commission has examined this question regarding selection of the appropriate date, the appropriate rate of exchange on that particular date as also the rate of interest which the appellant was required to pay.

Issues involved:
1. Dispute over premature withdrawal of deposit and reinvestment in FCNR account.
2. Allegation of connivance with bank officers leading to withdrawal of deposit.
3. Determination of consumer status under Consumer Protection Act, 1986.
4. Consideration of limitation period for filing complaint.
5. Calculation of amount due, including interest rates and exchange rate fluctuations.
6. Applicability of economic factors in determining foreign currency conversion rates.

Detailed Analysis:
1. The primary issue in this case revolved around the dispute regarding the premature withdrawal of a deposit and reinvestment in a FCNR account. The respondent, a non-resident Indian, alleged that his deposit was prematurely withdrawn without his consent, leading to a claim for the amount due on maturity along with interest. The State Commission found in favor of the respondent, concluding that the deposit was not prematurely withdrawn and that the reinvestment had taken place as claimed by the respondent.

2. Another crucial aspect of the case was the allegation of connivance with bank officers for the withdrawal of the deposit. The respondent contended that someone had withdrawn the amount in collusion with bank officials. However, the State Commission found no evidence to support this claim and ruled in favor of the respondent based on the established facts of the case.

3. The determination of the consumer status under the Consumer Protection Act, 1986 was also a significant issue. The appellant argued that the respondent did not qualify as a consumer under the Act, thereby challenging the jurisdiction of the consumer dispute redressal bodies. However, the State Commission upheld the respondent's consumer status, emphasizing the protection provided by the Act to consumers of banking services.

4. The consideration of the limitation period for filing the complaint was crucial in this case. The appellant raised objections regarding the timeliness of the complaint, arguing that the demand for recovery after 12 years was beyond the permissible time limit. The State Commission, however, found the complaint to be within the limitation period, leading to the decree in favor of the respondent.

5. The calculation of the amount due, including interest rates and exchange rate fluctuations, was extensively analyzed in the judgment. The State Commission awarded a specific sum to the respondent, including interest at a rate of 18 per cent per annum. However, the Supreme Court highlighted the need to consider the fluctuating exchange rates and economic factors while determining the final amount due. The Court emphasized the importance of selecting the appropriate date for foreign currency conversion to ensure fairness to both parties.

6. The judgment underscored the significance of economic factors in determining foreign currency conversion rates and interest payments. The Court observed that the State Commission had not adequately considered these factors while awarding the amount to the respondent. Therefore, the Supreme Court partially allowed the appeal and remitted the matter to the State Commission for a revised decree in accordance with the legal principles outlined in the judgment. The Court stressed the importance of considering economic implications and exchange rate fluctuations in such cases to ensure a fair and equitable resolution.

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