G.L.D.L. INVESTORS CONSUMERS ASSOCIATION vs GOLDEN LAND DEVELOPMENT INDIA LTD.

HEARD. Since common points are involved in both these complaints on identical facts, these were heard together and are disposed of by this common order.

G.L.D.L. Investors Consumers Association, Alawada, the complainant-appellant is an Association of consumers formed with the object of protecting the interest of the members thereof. The appellant had filed complaint Nos. 19/2002 and 20/2002 before the D.F. alleging therein that its members had deposited various amounts with the respondent company from time-to-time but the said company did not refund the amounts paid to it on the dates of maturity. The D.F., however, dismissed the complaint on the short ground that the appellant does not have the character of ''complainant'' in the present case. At the very outset we enquired about the learned Counsel of the appellant as to whether the appellant Association is registered under the Companies Act, 1956 or under any other law for the time being in force as required by the definition of the term ''complainant given in Section 2(b)(ii) of the C.P. Act (the Act). The learned Counsel for the appellants in both these appeals was fair enough to state at Bar that the said Association was not so registered either under the Companies Act or under any other law for the time being in force. Once that is the position the appellant association could not have maintained the complaint filed by it, may be it might have been authorised by a resolution to file compliance for and on behalf of the aggrieved members. Viewed thus the impugned order in both the appeals does not call for any interference. The appeals are accordingly dismissed with liberty to the members of the appellant association to file their individual or joint complaints, as the case may be on the same cause of action before the D.F. If they do so they would be entitled to benefit of Section 14 of the Limitation Act in regard to the limitation for filing the complaints. Appeal dismissed.