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DESH BANDHU AGGARWAL, A.P.CHOWDHRI, S.BRAR
BHARAT OVERSEAS CONSTRUCTION LTD. – Appellant
Versus
KAMLESH – Respondent


Counsel for the Parties :
For the Appellant:Mr. Harish Malhotra & Miss Namita Rawat, Advocates.
For the Respondent: None.

ORDER

Mr. Justice A.P. Chowdhri, President — This order shall dispose of 308 appeals arising out of identical decisions in separate complaints. The leading decision was recorded by the District Forum-II in Complaint Case No. 555/95 dated 28.11.95. It would be sufficient to refer to the facts in that complaint. The complainant therein, deposited Rs. 5,000/- with the opposite party for a period of 170 days bearing interest @ 14% p.a. against fixed deposit receipt dated 10th August, 94. The complainant surrendered the fixed deposit receipt duly discharged on maturity to enable the opposite party to pay the amount but to no purpose. The complainant, therefore, filed the said complaint which was contested. The opposite party did not deny its liability to pay the amount but raised a preliminary objection that the complaint was not maintainable under the Consumer Protection Act and the complainants remedy was only by filing a civil suit. The learned District Forum considered the case including the aforesaid preliminary objection and allowed the complaint directing the opposite party to refund the amount which fell due on maturity with interest @ 18% p.a. from 27.3.95 till the date of payme











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