Ram Kumar Vs PACL CC 353/2016
13.2.2017 Present: Sh. Dhiraj Kumar counsel for complainant.
Opposite parties exparte.
The complainant Ram Kumar son of Hem Raj has filed the present complaint under the Consumer Protection Act, 1986 against the PACL India Limited and another.
2. The facts leading the present complaint are that the complainant availed the services of the opposite parties and invested a sum of Rs. 30,000/- in cash with the opposite party and it was agreed that the opposite party would pay an estimated amount of Rs. 43,640/- on 13.9.2014 and the opposite party issued a policy cum registration letter bearing registration No. U017103648. It is alleged that the opposite party failed to pay the said estimated amount. Hence the present complaint is filed.
3. During the pendency of the present complaint, it has come to the notice of this Forum the judgment passed by the Hon'ble Apex Court on 2.2.2016 in Civil Appeal No. 13301/2015 titled Subrata Bhattacharya Versus Securities and Exchange Board of India. The Hon'ble Apex Court in para No. 3 observed as.-
“3. The SEBI shall constitute a Committee for disposing of the land purchased by the Company so that the sale proceeds can be paid to the investors, who have invested their funds in the Company for purchase of the land. Hon'ble Mr. Justice R.M. Lodha, the Former Chief Justice of India, would be the Chairman of the said Committee. It would be open to the Hon'ble Chairman of the Committee to appoint such experts or other persons, as he might think it necessary, in consultation with the SEBI, so as to enable the Committee to sell the land and pay to the investors in a manner that might be decided by the said Committee.”
4. The Hon'ble Apex Court further observed in para No. 7 as.-
“ 7.The methodology with regard to recovery of amount by sale of the land and disbursement of the amount to the investors shall be overseen by the Members of the Committee.”
5. Hon'ble Apex Court further observed in para No. 12 and 13 as.-
“ 12. The amount, which is lying in the bank accounts of the Company and other cash belonging to the Company shall be released in favour of SEBI so that it can be used either for
disbursement in favour of the investors or for incurring necessary expenditure. If any amount has been deposited by the Company or by its Directors or by any other person on behalf of the Company in any Court, the same shall be released in favour of the SEBI, who shall have a separate account so as to deal with the same. The Committee shall also decide as to whether the staff of the Company should be continued or relieved.
13. The decision with regard to sale of property of the Company by the Committee shall not be interfered with by any Court.”
6. Now coming to the present complaint, it is not disputed that the complainant is one of the investor who made investment with the opposite party company i.e. PACL Ltd.. It is also not disputed that the subject matter of the present complaint as well as that of the Hon'ble Committee is same qua the return of money to the investors. Thus, the Hon'ble Committee under the orders of the Hon'ble Apex Court has already seized the matter in question. Therefore, to continue with the present complaint will be a futile exercise. Moreover, it is specifically mentioned in the ibid judgment of the Hon'ble Apex Court that the methodology qua the recovery of amount as well as disbursement to the investors shall be the domain of the Hon'ble Committee. Thus interference by this Forum in the manner of recovery of amount as well as refund of the amount to the investors shall not advance the cause of justice rather it will be a misuse of process of law.
7. In these premises, we are of the opinion that this Forum is unable to pass an executable order against the opposite parties. Therefore, we dispose of the present complaint accordingly. However, the complainant is at liberty to approach the Hon'ble Committee to seek his claim. No order as to costs. Copy of this order be supplied to the parties free of cost. File be consigned to the record.
Member President
