LOVELY STORES vs Laxmi Devi

THIS is an appeal against the judgment and order dated 18.5.1993 passed by District Forum, Dehradun, wherein the order was passed as under : "OP gives statement admitting the claim. ORDER OP is ordered to pay Rs. 85,000/- by 30.10.1993, failing which he will pay 18% per annum interest at Rs. 85,000/- from 1.11.1993 till the date of payment."

Sd/- Sd/-Member Chairman The appeal has been filed against this consent order.

THE complainant has filed a complaint before the District Forum that he has been depositing money with the opposite party in the form of security to purchase the goods. He has deposited a sum of Rs. 72,830/-. Neither any article was purchased nor any supply was made by the opposite party. He did not pay in spite of demand, hence the complaint was filed. The opposite party filed Written statement and alleged that it never undertook regarding any conditions. There was no such argument as alleged. There was no argument to provide any service. Laxmi Devi had never been a consumer. No security deposit was made. Application is not maintainable. The matter in dispute can be of lending or loaning and will not come under the Consumer Protection Act.

When the above order is passed, instead of honouring the order, the appellant preferred this appeal and again started saying that there is no consumer dispute. The dispute is there. There is undertaking to give interest. Service by sale of goods was to be given to the complainant under some scheme. The complainant had to earn interest out of his deposits. A regular passbook was issued. Position is that of a bank. The appellant had to run its business on the interest earned. Thus, definitely, there was a service for consideration and, therefore, the complainant was a consumer.

THE learned Counsel for the appellant argued that the case be remanded for fresh hearing. THEre is nothing to show why such a consent was given, why the claim was admitted. Once the claim has been admitted, the appellant should honour that. It was argued that no such statement was recorded admitting the claim. Admittedly, these are summary proceedings. Strict provisions of law and procedures are not applicable to these proceedings. THEre is no question of any remand. The learned Counsel for the appellant argued that this is a case of civil nature and the complainant should be directed to file a civil suit. There is no scope for that. The appellant cannot say that I will not make the payment here, come to the Civil Court, then, I will pay. Since, the complainant is a consumer, he is well entitled to file the claim. There is no force in this appeal and the appeal is to be dismissed. ORDER The appeal is, hereby, dismissed. However, in the circumstances of the case, cost of the appeal shall be easy. Appeal dismissed.