CHEEDELLA NARAYANA Vs. J.V.G.FINANCE
LAWS(APCDRC)-2003-4-3
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 28,2003

CHEEDELLA NARAYANA Appellant
VERSUS
J.V.G.FINANCE Respondents

JUDGEMENT

C.P.SURESH,MEMBER - (1.) THE un -successful complainant is the appellant before this Commission.
(2.) THE facts in brief are the opposite party invited fixed deposits from the public while giving an assurance to repay the same along with interest thereon within the stipulated period. The complainant deposited Rs. 30,000/ - on 7.11.1996 in Fixed Deposit Receipt repayable with interest at 21% per annum by 7.11.1997. The opposite party issued 12 cheques of Rs. 500/ - each towards interest. Out of them only ten cheques were encashed and the remaining were bounced. The opposite party issued a cheque Ex. A -3 for Rs. 30,000/ -. Exs. A -4 and A -5 are the cheques for Rs. 500/ - each issued in favour of the complainant. All the three cheques were bounced for want of sufficient funds.
(3.) THE District Forum observed that the complainant should approach appropriate Court of law under Section 138 of Negotiable Instruments Act, 1881. The proposition advanced by the District Forum is an untenable proposition. The Consumer Fora are created to redress grievances of the consumers. Section 138 of the Negotiable Instruments Act is a penal provision and the grievances of the consumer cannot be redressed in that Forum. The complainant is a consumer and, therefore, he has right to approach the District Forum. In these circumstances we set aside the order of the District Forum and allow the complaint directing the opposite party to repay Rs. 30,000/ - with interest at the rate of 24% per annum from 7.11.1997. In the prayer portion no relief is claimed with regard to the cheques for Rs. 500/ - each. We refrain from passing any order. The complainant is entitled for costs throughout quantified at Rs. 2,000/ -. Time for payment six weeks. Appeal allowed. ;


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