TMI Blog1995 (3) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal has been tiled by the opposite party (OP) against the order of the District Forum (D.F.) dated 9-3-1994 by which they have been directed to refund Rs. 20,000 with interest at the rate of 15 per cent per annum from the date of receipt of the money till the date of payment. 2. Briefly, the facts are that the complainant was allotted 200,14 per cent fully convertible debentures of Rs. 100 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 'consumer' as no service was being rendered by the appellant to her. We have duly considered the argument but regret our inability to accept the same. There is no dispute about the fact that the complainant was issued 14 per cent, fully convertible debentures of Rs. 100 each. The phrase 'debenture' has not been defined in the Consumer Protection Act. In common parlance it means an instrument iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any member of the public the element of service is implied in the transaction. In case the interest is not paid to a subscriber of the debentures by the company as promised, it amounts to deficiency in service. Therefore, in our view, if the appellant has not paid the interest on the debentures subscribed by the respondent to her that amounts to deficiency in service. 5. The learned District F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, there is no element of service involved in the transaction. Consequently, we are of the opinion, that the complainant-respondent could not file the complaint under the Act if the appellant failed to pay the dividend to her. 7. The learned counsel for the appellant refers to the decision of the National Commission in Usha Rectifier Corpn. (P.) Ltd. v. Dr. G.P. Sastry [Revision P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingly. In case they fail to comply with the order of the Commission within the period of three months action shall be taken against them under section 27 of the Act. If the complainant has not received the dividend of the shares, she may seek remedy in an appropriate Court. 9. In view of the partial success of the appellant in the appeal we leave the parties to bear their own costs throughout. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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