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NIWAS SPINNING MILLS LTD. vs CANBANK MUTUAL FUND

National Consumer Disputes Redressal Commission · Decided on 11 September 2001 · Citation: 2001 3 CPR 161 : 2002 1 CLT 113 : 2002 1 CPC 378 : 2002 2 CPJ 128

HON’BLE JUDGES
D.P.Wadhwa , C.L.Chaudhry , J.K.Mehra , Rajyalakshmi Rao , B.K.Taimni J.
RESULT
Complaint returned
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Judgment

2 paragraphs · 367 words
1.

IN this complaint filed under Section 12 of the Consumer Protection Act, 1986, complainants claimed damages worth Rs. 4,68,07,800/- with interest @ 18% per annum. As to how this amount the complainants have been claiming, we may refer to para 18 of the complaint which we reproduce. "IN view of the provisions of Consumer Protection Act, 1986, Section 21(a)(i)(ii) the complainants are claiming damages of Rs. 3,81,000/- and interest thereon @ 18% till its realization. As the complainants have suffered loss to the tune of Rs. 3,81,00,000/- as on 31.3.1994, from the date 31.3.1994 till this date the simple interest at the rate of 18% p.a. is payable on this amount, which comes to Rs. 4,22,91,000/-, totalling the claim of complainants amounting to Rs. 8,39,01,000/- which is total loss and damages of the complainants. For this losses and damages, the opponents are only responsible, therefore, they are liable to pay the same. The opponents have filed winding up petition against the complainant No. 1 Company as referred in foregoing paras and an amount of Rs. 3,70,93,200/- is shown as due from the complainant No. 1. After deducting the said mount from Rs. 8,39,01,000/- the present claim of complainants will remain for Rs. 4,68,07,800/-. Therefore, only this Forum has jurisdiction to entertain the dispute and decide it on merit. Therefore, this complaint is presented before this Hon''ble Forum. Therefore, the present complaint be allowed and opponents be directed to pay the above amount of Rs. 4,68,07,800/- to the complainants."

2.

THE complaint on the face of it raises complex issues both of fact and law. THEre are numerous documents which have to be proved to sustain the claim made in the complaint. Such type of complaint requires tremendous amount of time for recording evidence and hearing arguments. This Commission has to decide a complaint in its summary jurisdiction under the set time frame. It is not possible for this Commission to decide cases of such complex nature as the present complaint presents in a summary way. In our view, Civil Court will be best suited for the purpose. Accordingly, we return this complaint to the complainants for them to seek their relief before appropriate Forum. Complaint returned.