CHEEDELLA NARAYANA Vs. J.V.G.FINANCE
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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(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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