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TMI Blog2010 (7) TMI 287X X X X Extracts X X X X X X X X Extracts X X X X ..... ushan for the Respondent. JUDGMENT G.S. Singhvi, J. - Leave granted. 2. In these appeals, prayer has been made for setting aside order dated 22-8-2008 passed by the learned Single Judge of Delhi High Court in RA Nos. 329 of 2007, 401 of 2007 and CM No. 11710 of 2008 in CM(M) No. 398 of 2007. 3. After retirement from the service of Indian Railways, the appellant invested Rs. 1,90,000 in the fully secured debentures floated by respondent No. 1. The debentures were due for payment on 14-8-1998, but just before that date, respondent No. 1, vide its letter dated 16-7-1998, informed the appellant and other similarly situated persons that due to financial difficulties it will not be possible to pay the amount of maturity on the scheduled dates and a revised scheme has been worked out for payment of the dues. The relevant portions of that letter are extracted below : "The company had in the month of February, 1997 allotted 17 months and 25 days-19.5 per cent secured redeemable non-convertible private placed debentures of Rs. 1,000 each (debentures) of the series A . These debentures were issued under regular and cumulative schemes. These debentures are due for paym ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de in 2-4 years. The Hon ble Delhi High Court, vide order dated 14-2-2000, was pleased to convene a meeting of the shareholders/creditors on 17/18-5-2000. The notice on the scheme would be issued by Hon ble Delhi High Court to all the NCD holders in due course. From the aforesaid the Hon ble Consumer Forum would appreciate that necessary efforts are being made by the respondent company to repay to the NCD holders and only for the reasons totally beyond the control of the company, the respondent company is at present not able to repay to the NCD holders including complainant." 6. During the pendency of the complaint, the State Commission passed three interim orders dated 29-9-2003, 15-7-2004 and 7-7-2005 for payment of at least 50 per cent of the amount due to the appellant. These orders read as under : "29-9-2003 Present: Complainant in person along with counsel Mr. Arya Girdhari. Shri S.C. Verma, an employee of the OP in person. C-255/99 It is stated by the complainant that he has to undergo bypass surgery on priority basis which cannot be postponed and therefore, he requests on the ground of compassion that at least the principal amount be paid to him on priority. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 10,000 as cost of litigation. 8. Respondent No. 1 challenged the order of the State Commission by filing an appeal under section 21 of the 1986 Act but withdrew the same on 25-4-2007. Thereafter, it filed a petition under Article 227 of the Constitution of India, which was allowed by the learned Single Judge vide his order dated 11-7-2007 on the premise that in the face of the scheme sanctioned by the Company Judge under the Companies Act, the State Commission did not have the jurisdiction to entertain the complaint. 9. The appellant, who could not appear before the High Court on the date of hearing, i.e., 11-7-2007, filed an application for recall of the aforementioned order, but the same was dismissed by the learned Single Judge without going into the issue whether the cause shown by the appellant for his non-appearance was sufficient. 10. We have heard learned counsel for the parties and perused the record. At the outset, we deem it proper to mention that during the course of hearing of these appeals, learned counsel for respondent No. 1 produced fax copy of letter dated 10-4-2008 allegedly written by the appellant to Shri Kirat S. Nagra, Advocate, for respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or establishment of consumer councils and adjudicatory forums at the District, State and National levels. Any person aggrieved by an order passed by the District Forum can file an appeal before the State Commission. If he is not satisfied with the order of the State Commission, a further remedy is available by way of revision before the National Commission. If the complaint is decided by the State Commission, the aggrieved person can file an appeal before the National Commission. Elaborate procedure has been laid down for filing of the complaints and disposal thereof. Since the 1986 Act is a special statute enacted by the Parliament for better protection of the interest of consumers and a wholesome mechanism has been put in place for adjudication of consumer disputes, the remedy of appeal available to a person aggrieved by an order of the State Commission cannot but be treated as an effective alternative remedy. 13. Admittedly, respondent No. 1 had availed the alternative remedy available to it under section 21 by filing an appeal against the order of the State Commission. During the pendency of the appeal, respondent No. 1 chose to challenge the order of the State Commission b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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