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Roop Khanna   19 August 2020

Sc vs consumer court

I had 4 fixed deposits worth 340000 with UNITECH. They were not repaid on maturity. After filing case in consumer court I obtained order for repayment of all FDs plus interest. In the meantime SC appointed amicus curae took up the matter. Yesterday I received a mail from amicus that they are repaying all the FDs. Instead of  getting full amount of 340000, I am receiving 118800 as pro data payment. Is it legally possible to appeal to the consumer court for repayment of balance amt?



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 9 Replies

P. Venu (Advocate)     19 August 2020

Is it amicus curie or receiver? What is the case pending in the Supreme Court? Any how, any solution lies in approaching the Supreme Court?

Roop Khanna   20 August 2020

it is amicus. the SC ordered him to disburse the pending FD amounts owed to investors. they have disbursed it as pro-rata. I have a consumer court order that says that UNITECH has to pay the full amount plus interest. can i go back to the consumer court to ask for full payment?

Dr J C Vashista (Advocate)     20 August 2020

Originally posted by : Roop Khanna
I had 4 fixed deposits worth 340000 with UNITECH. They were not repaid on maturity. After filing case in consumer court I obtained order for repayment of all FDs plus interest. In the meantime SC appointed amicus curae took up the matter. Yesterday I received a mail from amicus that they are repaying all the FDs. Instead of  getting full amount of 340000, I am receiving 118800 as pro data payment. Is it legally possible to appeal to the consumer court for repayment of balance amt?

You have already been to the Apex Court in the case adjudicated, may be through a prudent lawyer (presumed) who is well aware about the facts and circumstances of the case, an able, competent and intelligent enough to advise you, what is his/ her opinion ?

Why do you need second opinion and advise of experts on the basis of limited facts posted by you, except the fact it is available FREE OF COST ?

G.L.N. Prasad (Retired employee.)     20 August 2020

Remember the proverb "flogging a dead horse".  If the company is financially sound and in a position to repay, then the Forum order prevails.  But when the company started insolvency proceedings, there is no option than taking whatever amount was returned pro-rata basis.

Roop Khanna   20 August 2020

As far as I can understand the company is not under liquidation. Government has appointed new directors to oversee projects. Does this mean I can approach consumer court for full payment?

G.L.N. Prasad (Retired employee.)     20 August 2020

When you are bent upon that you can get full amount with interest from a company that is not doing well, expecting that company has to prioritize your FDR alone ignoring other's claims as you have a forum judgment, you are not going to consider such possibilities, then file EP by contacting a local advocate, and he is the best person that can guide you.

Kishor Mehta (CEO)     20 August 2020

The best option for you is to approach the Amicus Curae with the Hon.Consumer Court order and intimate the Hon.Supreme Court of your matter. You are a creditor of the company and Bankruptcy Law prevails in your case. 

Dr J C Vashista (Advocate)     21 August 2020

Amicus curie is appointed to assist the Court but not for distribution of funds as stated by you, clarify the point.

Roop Khanna   22 August 2020

in this case, he is appointed to disburse the amounts owed to fd holders.


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