9911796707
TMI Blog2000 (1) TMI 906X X X X Extracts X X X X X X X X Extracts X X X X ..... 26-A, Barakhamba Road, New Delhi. In all the abovementioned appeals, the respondents had made deposits with the appellant. The deposits, so made by the respondents, with the appellant, were to carry interest at the agreed rate and after the date of maturity, the same were payable by the appellant to the respondents together with interest. Since the appellant failed to pay the amount of deposits together with the agreed rate of interest to the respondents, the respondents filed separate complaints against the appellant before the District Forum under section 12 of the Act with the prayer that the appellant be directed to refund the amount of deposits together with interest, compensation and costs. 3. The claim of the respondents, before the District Forum, was contested by the appellant. In the reply/written version, filed on behalf of the appellant, it was stated that the respondents were not consumers within the meaning of section 2(1)( d ) of the Act; that there was no privity of contract between the parties; and the period allowed for payment should have been reasonable - atleast for six months. 4. The learned District Forum, vide orders, being impugned in the pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on who obtains such goods for resale or for any commercial purpose; or ( ii )hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person. Explanation For the purposes of sub-clause ( i ) commercial purpose does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood by means of self-employment;" 8. On a bare perusal of the above provisions of the Act, it is apparent that the definition of the word consumer as defined in clause ( d ) of sub-section (1) of section 2 of the Act, is of a wide sweep, which includes a person who hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and also includes any beneficiary of suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sits from the general public on promise of attractive rates of interest, is a consumer or not, came up for the consideration of the National Commission in case - Neela Vasant Raje v. Amogh Industries [1986-1995] Con. 446 (NS), and the National Commission in the abovesaid case has made the following observations which are of utmost significance in the present context: "In interpreting a social welfare legislation one should not make a narrow approach but should be guided by the principles of benevolent interpretation which will help to promote and achieve the object and purpose of the Act namely, to protect the interests of consumers and suppress the evil sought to be remedies by the statute, namely the unscrupulous exploitation of consumers. The main part of the definition of the expression service is couched in the widest possible language and it expressly covers service of any description other than any service rendered free of charge or under a contract of personal service . The mere fact that a particular form of arrangement for provision of a facility does not fall within any of the specified categories enumerated in the inclusive part of the definition is absolu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and placing reliance on the abovesaid decisions of the Hon ble Supreme Court and that of the National Commission, we hold that the respondents in the abovenoted appeals are decidedly consumers within the meaning of section 2(1)( d ). Question No. 2 : 11. During the course of arguments, the learned Counsel for the appellant submitted that in view of order dated 31-3-1999, passed by the Company Law Board, Western Region Bench, Mumbai under section 45QA(2) of the Reserve Bank of India Act, 1934, in the matter of the appellant Company, the complaints filed by the respondents before the District Forum constituted under the Act were not maintainable and should have been dis- missed by the District Forum on the above ground alone. This very question came up for consideration before the West Bengal Consumer Disputes Redressal Commission, Calcutta, in case Gyan Singh v. Carry On Savings Investments Ltd. III [1994] CPJ 9, and the West Bengal State Commission, in the abovesaid case of Gyan Singh ( supra ) has held: "With regard to the contention of the opposite parties that the matter should be adjudicated in the Company Law Board instead of filing this complaint before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resence of the above facts it cannot reasonably be believed that there was no privity of contract between the appellant and the respondents and the plea taken by the learned Counsel for the appellant is liable to be rejected summarily. Question No. 4 : 15. The learned counsel for the appellant, during the course of arguments, submitted that the appellant is suffering from financial crunch and for the above reasons the appellant is not in a position to make the repayment. It was stated by him that in view of the above fact, the learned District Forum should have given atleast 6 months time to the appellant for repaying the amount in question to the respondents. In our opinion, the above contention advanced by the learned Counsel for the appellant is also without substance because when a fixed deposit is given, the opposite party is bound to repay the amount and it cannot absolve itself of the liability on the plea that it does not have sufficient liquidity. Almost a similar view has been taken by the State Commission, Maharashtra in case Family Planning Medical Aid Trust v. Pune Cooperative Bank Ltd. 1993 (3) CPR 370. No other point was urged or pressed 16. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
