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Judgment
THIS appeal arises from order dated 5th March, 2003 rendered by the learned Surat District Consumer Disputes Redressal Forum in Case No. 415/2001 directing the opponents to pay jointly and severally Rs. 22,500 to complainant No. 1, Rs. 20,000 to complainant No. 2, Rs. 15,000 to complainant No. 3, Rs. 22,500 to complainant No. 4 and Rs. 22,500 to complainant No. 5 with interest @ 14% p.a. from 12.10.2000 till payment and cost in the sum of Rs. 1,000.
WE have heard the learned Advocate for the appellants, original opponent Nos. 1 and 2 and learned representatives for the original complainants. WE have gone through the impugned order. It would clearly appear that after taking the fees for teaching the art of acting/performance the original opponents did not impart such education, with the result that the complainants were required to approach the learned Forum. Learned Forum, after considering the facts and circumstances of the case thereof, has passed the impugned order.
In the first place the learned Advocate appearing for the appellant would submit that the share of the appellant was earmarked as per the Deed of Partnership (copy whereof has been produced in this appeal). In our considered opinion the share of partners inter se will not be binding to the third parties to whom the partners are jointly and severally liable in law. Hence, the submission made as per the relevant clause of the partnership deed as aforesaid cannot be accepted.
WITH regard to submission on the question of interest we propose to award interest @ 9% in view of the decision of the Apex Court in the case of Kaushnumma Begum v. New India Assurance Co. Ltd., reported in I (2001) ACC 151 (SC)=I (2001) SLT 300=2001 (1) Supreme Today P-5. WITH regard to cost we propose to maintain the order of cost of complaint as also we propose to award cost of this appeal in the same amount. We, therefore, pass following order: Impugned order dated 5th March, 2003 rendered by the learned Surat District Consumer Disputes Redressal Forum in Case No. 415/2001 is hereby modified by altering rate of interest from 14% to 9% while maintaining rest of the order. However, we award cost of this appeal quantified at Rs. 1,000. The appellants are stated to have deposited Rs. 30,000 in this Commission. Office is to verify the same and pay the said amount with interest, if any, to the original complainants by A/c payee cheque, to be handed over to the learned representatives (Mr. Rajiv Mehta) of the complainants. Balance amount shall be paid by the original opponents within six weeks from today. This appeal is disposed of accordingly. Appeal disposed of.