I deposited Rs 4,000 in a fixed deposit for three years with M/s Dunlop India Ltd on January 10, 1995. In January 1998, I forwarded the original FD receipt to Dunlop’s Calcutta office for effecting full payment of Rs 6,074 (including principal and interest). The company thereafter sent me a cheque in the same month for only for Rs 2,074, holding back payment of the principal sum. Several requests for refund made since then have been fruitless. Do I have any relief before the Consumer Fora?

R.S. Kohli,
Lingaraj area, PO Deulbera Colliery, District Angul, Orissa

Company closed down.

Roundup

Prabir Basu of Consumers Unity and Guidance Forum advises:

From the information available, it appears that Dunlop India Limited had obtained an ex-parte order from the Company Law Board to repay the FD amount to its consumer/ depositor under a scheme of deferred payment. It is indeed unfortunate that the company failed to comply with the order. In a recent verdict, the apex consumer court of the country (revision petition no. 1932-45 of 2002), the commission observed that “a depositor can file a complaint for the amount due either under the Act before the appropriate forum or approach the Company Law Board”. The depositor, however, cannot approach both fora simultaneously. In these circumstances, you can approach the Consumer Fora. However, you have to prove that you have not approached the Company Law Board in the meantime with your grievances.