BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHABAD.
Complaint Case No.: 102 of 2016.
Date of Instt.: 31.3.2016.
Date of Order: 19.08.2016.
Smt. Pushpa Batra wife of Shri Virender Batra, resident of Street No.6, Behind Radha Swami Mandir, Lajpat Nagar, Fatehabad, Tehsil and District Fatehabad.
…Complainant.
Versus
1. PACL Limited, Behind Post Office, Model Town, Fatehabad District Fatehabad through its C.S.C. Incharge.
2. Birbal Nehra, Executive Manager, PACL Limited, Behind Post Office, Model Town, Fatehabad District Fatehabad.
3. PACL Limited, Corporate Office 7th Floor, Gopal Dass Bhawan, Barakhamba Road, Paschim Vihar, New Delhi through its authorized signatory.
...Opposite Parties.
Complaint U/s 12 of the Consumer Protection Act, 1986.
Before: Sh. Raghbir Singh, President. Smt. Ansuya Bishnoi, Member
Present: Sh. Sudhir Narang, counsel for the complainant.
ORDER:-
This is a complaint under Section 12 of the Consumer Protection Act, 1986 brought by the complainant against the opposite parties i.e. PACL Limited. The complainant has claimed to have deposited amount of Rs.23,000/- in half yearly installments of Rs.11,500/- each under installment payment plan of the ops and sought refund of the above said amount of Rs.23,000/- alongwith interest at the rate of 18% per annum from the date of maturity till actual realization and also Rs.40,000/- as compensation on account of mental agony and harassment besides litigation expenses amounting to Rs.11,000/-. Hence, this complaint.
2. Notice of the complaint was issued to the opposite parties but they could not be served for want of correct addresses and the case was fixed for consideration on the maintainability in view of the orders of the Hon’ble Supreme Court dated 2.2.2016.
3. Heard. In this complaint, it is not in dispute that the complainant Pushpa Batra is one of the investors who has made investment with the opposite parties i.e. PACL Limited. The Hon’ble Supreme Court in Civil Appeal Nos.13301/2015 titled as Subrata Bhattacharya & Vs. Securities & Exchange Board of India with civil appeals Nos. 13319, 13394 and 13410 of 2015 has passed an order on 2.2.2016, the relevant paras of which are reproduced as under:-
“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.
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.
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.”
4. From the order dated 2.2.2016 passed by the Hon’ble Supreme Court, it emerges out that matters pending adjudication before the Hon’ble High Court of Delhi relating to PACL were transferred to the Hon’ble Supreme Court. The Hon'ble Committee under the orders of the Hon'ble Apex Court has already seized of the matter in question. In view of the above order of the Hon’ble Supreme Court of India, it is clear that the complainant has filed the present complaint being an investor, as such, we are of the opinion that it would not be proper to direct the company to pay to the complainant/ investor, the amount so deposited by her with the company, more so when the Hon’ble Supreme Court has directed to constitute a committee, who will refund the amount to the investors after getting the sale proceeds of the property of the company. In these circumstances, we are of the view that this Forum is unable to pass an executable order against the opposite parties in view of the above order of the Hon’ble Supreme Court. In such circumstances, we dispose of the complaint accordingly, with liberty to the complainant to file/seek her claim/relief before the competent committee as constituted by the Hon’ble Supreme Court. A copy of this order be supplied to the complainant free of cost. File be consigned to the record room after due compliance.
ANNOUNCED IN OPEN FORUM Dt.19.08.2016
(Raghbir Singh)
President,
District Consumer Disputes
Redressal Forum, Fatehabad.
(Ansuya Bishnoi)
Member
