Acknowledgment of liability to pay a time-barred debt gives rise to a fresh cause of action, and the deficiency in service by the respondent company led to the court's decision in favor of the complainant.

Mr. Justice K.K. Srivastava, President—This is complainant’s appeal against judgment and order dated 16.2.2004 of District Consumer Disputes Redressal Forum-II, U.T., Chandigarh [for short hereinafter referred to as the District Forum], U.T., Chandigarh passed in Complaint Case No. 470 of 2003 against Golden Forests (India) Limited vide which the complaint has been dismissed as being barred by limitation under Section 24A of Consumer Protection Act, 1986 [for short hereinafter referred to as the C.P. Act].

2. The appellant filed the complaint seeking issuance of direction to the respondent/O.P. to pay the maturity value of Rs. 62,550/- along with interest @ 24% per annum and a sum of Rs. 1 lac as compensation besides Rs. 10,000/- as costs of litigation.

3. The complainant invested in four Fixed Deposit Schemes on 4.3.1995, 12.6.1995, 26.6.1995 and 4.3.2000 having the date of maturity respectively of the amounts deposited to be 4.3.2000, 12.6.2001, 26.6.2001 and 4.3.2001. The amounts deposited were respectively Rs. 10,000/-, Rs. 4,500/-, Rs. 5,500/- and Rs. 15,000/- bringing the total amount of deposit to Rs. 35,000/-. The maturity value of all these four deposits were Rs. 77,550/-. As against the total maturity value of Rs. 77,550/-, the complainant was paid a sum to be Rs. 15,000/- by the respondent/O.P. on 5.10.2002 (vide document placed before us in appeal) showing the deposit of the cheque in the account of the complainant. After adjusting the amount of Rs. 15,000/-, the balance amount of Rs. 62,550/- is now being claimed as due and outstanding against the respondent.

4. The notice of the complaint was issued to the respondent who put in appearance through Shri R.K. Sayal who was under judicial custody and lodged in Modern Jail, Chandigarh. He was represented by Mr. G.S. Rangi, Advocate and Ms. Pooja Attri, Advocate. The reply filed was mainly in respect of the lack of jurisdiction of the District Forum to adjudicate the complaint on account of the winding up proceedings of the respondent-company being pending before the Company Judge of Hon’ble Punjab and Haryana High Court, Chandigarh who had also appointed Justice R.N. Aggarwal (Retd.), a former Chief Justice of Hon’ble Delhi High Court as provisional liquidator of the company-Golden Forests (India) Limited under process of winding up. It was pleaded that the proceedings pending in before the other Courts shall be stayed where winding up order has been made or official liquidator has been appointed as provisional liquidator.

5. Reference was also made to the jurisdiction of a Tribunal or the Appellate Tribunal set up and empowered to decide the cases filed against the company under liquidation. The provision of Section 647A of the Companies Act, 1956 has been quoted in para 7 of the reply. Reference was also made in para 9 of the reply about a public notice being published by the provisional liquidator Justice R.N. Aggarwal (Retd.). In para 10, it was pleaded that the respondent-company was bound by law and restrained not to settle its liability or to make any payment at its own to any one and the provisional liquidator being an appropriate authority for settlement of claims, suits, decrees in respect of M/s. Golden Forests (India) Ltd. On the basis of these pleas, it was prayed that the complainant be directed to approach the provisional liquidator for settlement of its claim, suits, decree being the appropriate authority and to obtain leave of the Court for further proceedings.

6. On merit of the case, no plea was raised in the written reply. A photocopy of the newspaper “The Indian Express” dated 22.7.2003 has been placed on record, where public notice was published in Company Petition No. 68 of 2001 in the matter of National Investors Forum (Regd.) v. M/s. Golden Forest (India) Ltd., stating that Mr. Justice R.N. Aggarwal, Chief Justice (Retd.) had been appointed as provisional liquidator by the Hon’ble Company Judge of Punjab and Haryana High Court, Chandigarh vide