ANUJA SAINI vs GOLDEN PROJECTS LIMITED

THE present appeal has been filed against the order dated 24.9.2003 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (for short, hereinafter, to be referred as District Forum-II) in Complaint Case No. 1007 of 2002. THE relevant facts in brief are as under :

THE appellant Miss Anuja Saini was one of the three complainants in the above mentioned complaint and the same was filed by Mrs. Indu Saini, Miss Madavi Saini and appellant Miss Anuja Saini, who was a minor at that time and was represented through her mother Mrs. Indu Saini. As per averments amounts of Rs. 10,000/- each were deposited by complainant Nos. 1 and 2 on 26.8.1996 and these amounts were to mature on 26.2.2000 with maturity value of Rs. 20,000/- each. Further, an amount of Rs. 10,000/- in the name of appellant Miss Anuja Saini was deposited on 3.9.1996 which had maturity value of Rs. 30,000/-, with the date of maturity as 3.9.2001. THE complainant Nos. 1 and 2 were paid 10,000/- each out of the maturity amount of Rs. 20,000/- by the O.Ps. and post dated cheques of Rs. 11,550/- each were issued for balance amount but were dishonoured on presentation on 22.1.2001. Various efforts by the complainant to locate the O.Ps. failed as the offices of the O.Ps. had been closed. THE registered letters sent at their address were received back. THE appellant has averred that as there were lacs of investors of respondents/O.Ps. Company, the complainant came to know through newspapers, about various proposals floated by the O.Ps. to pay the maturity amount of the depositors and the complainant also filed her claim on the prescribed form in May, 2002 consequent to which the O.Ps. put a stamp on the original FDRs but no payment was made by the O.Ps. Alleging deficiency in services as the cheques for Rs. 11,550/- each issued in the names of complainant Nos. 1 and 2 were dishonoured on 20.1.2001 as per memo of State Bank of India (C-7), the present complaints were instituted in the District Forum. The O.Ps. did not appear despite notice. The complainant brought on record Annexures C-1 to C-7 and filed her affidavit.

The District Forum partly allowed the complaint and directed the O.Ps. to refund the amount of Rs. 11,550/- with interest @ 9% per annum w.e.f. 31.12.2000 till payment with regard to deposits of complainant Nos. 1 and 2. The O.P. No. 1 was also directed to pay Rs. 500/- to complainant Nos. 1 and 2 as costs of litigation.

THE case of the complainant No. 3 was distinguished by the District Forum on the ground that since the post dated cheque No. 2566649, dated 3.9.2001 has neither been returned to the O.Ps. nor presented for encashment nor it is alleged that it had bounced on presentation, nor stated in the affidavit that she has not got it encashed, so the complaint with regard to her deposit was dismissed. Aggrieved with this part of the order, the appellant/complainant No. 3 moved an application to allow her to pursue the appeal in her own name as she has attained majority on 28.4.2003, which was allowed vide our order dated 30.7.2003 on the basis of copy of Matriculation Certificate and affidavit.

IN the grounds of appeal, the appellant has pleaded, inter alia, that the District Forum has failed to appreciate that by the time her amount of Rs. 30,000/- on the F.D.R. matured on 3.9.2001, the respondents/O.Ps. Company had closed down their offices and their bank accounts. The order of the District Forum has further been assailed on the ground that the District Forum failed to appreciate that in compliance to the scheme floated by the respondents/O.Ps. in May, 2002 consequent to which the cheques of Rs. 11,550/- each issued in the name of complainant Nos. 1 and 2 had got dishonoured on presentation. The offices of the Company had closed and there were no funds in the account of respondents/O.Ps. due to which there was no occasion for her to present her cheque which was dated 3.9.2001. The appellant has prayed for the same relief as granted to her co-complainants in Complaint No. 1007 of 2002. A perusal of the record of case, pleadings of the appellant and after hearing the contentions of Mr. Davinder Lubana, Advocate, the learned Counsel for appellant, we are of the considered opinion that appeal has considerable merit. The contention of the appellant that her case was pursued by her mother who is widow and her interest was not adverse to that of appellant. However, the post dated cheque No. 2588649 of Rs. 30,000/- was not presented as it was to mature on 3.9.2001 but the cheques of Rs. 11,550/- in the name of Mrs. Indu Saini and Mrs. Madavi Saini had got dishonoured on 22.1.2001, so this cheque could not be presented due to the fact that accounts of respondents/O.Ps. were closed and same is proved from the Annexure C-7 being the copy of relevant bank transactions. Further, from the various newspaper reports the appellant came to know about liquidation proceedings against the respondents/O.Ps. having started and the assets of Company having taken over by the Official Liquidator. In the interest of justice, we allow the present appeal and set aside the order of District Forum-II qua the present appellant after accepting her contention that the cheque could not be presented due to aforesaid reasons. Further, the original F.D.R. and original cheque bearing No. 2588649, dated 3.9.2001 for Rs. 30,000/- in the name of Ms. Anuja Saini placed on the appeal file proves beyond doubt that cheque of maturity amount has not been encashed by her. Consequent to this the order of the District Forum dismissing the complaint qua complainant No. 3/appellant is set aside and respondents/O.Ps. are directed to pay an amount of Rs. 30,000/- to the appellant/complainant No. 3 with interest at the rate of 9% per annum w.e.f. 3.9.2001 till payment. We dispose off this appeal by allowing the appellant to file her claim before the Official Liquidator for payment of maturity amount (Rs. 30,000/-) with interest @ 9% per annum w.e.f. 3.9.2001 till payment. The original FDR No. 31843 and original cheque bearing No. 2588649, placed on the file be returned to the appellant against proper receipt and photocopy of the same be kept on the record. Copies of this order be sent to the parties free of charges. Appeal disposed of.