- (1.) THE opposite party in O.P. No. 1007/98 on the file of the District Consumer Disputes Redressal Forum, Chennai (South) is the appellant herein. The case of the complainant was as follows : She had deposited a sum of Rs. 1,07,300 on 30.3.1995 with the opposite party and had been renewing the deposit year after year. When the maturity amount was demanded, the opposite party neither replied nor repaid the amount. Her son having passed C.A., she was hard -pressed for money for further studies of his son and because of the non -payment, she had suffered great loss and mental agony and the complaint came to be filed for refund of Rs. 1,07,300 with interest @ 15% and Rs. 54,000 towards mental agony with cost.
(2.) THE opposite party filed a version stating that the complaint was not maintainable, that the Company Law Board had taken up the matter to safeguard the interest of the depositors and passed orders on 17.11.1998.
(3.) BEFORE the District Forum, the complainant marked Exs. A1 to A5. No document was marked on the side of the opposite party. The District Forum accepted the case of the complainant and by order dated 31.8.2001 directed the opposite party to pay Rs. 1,07,300 with interest @ 12% p.a. from 31.3.1998 till payment with compensation of Rs. 5,000 and cost of Rs. 500. It is as against that the present appeal has been filed. On the side of the appellant, it was contended that the transaction between the parties was a commercial one and the complaint was not maintainable. Further, only the Company Law Board had got jurisdiction over the matter as per Section 45QA of the Reserve Bank of India Act, 1934. The order by the Company Law Board had also been filed before the District Forum. The District Forum had not taken that into consideration.;