Rajasthan

StateCommission

A/343/2015

BoB Card Limited C/O Bank of Baroda Branch - Complainant(s)

Versus

Anil Singhal s/o Surajbhan Singhal - Opp.Party(s)

S.N.Surwal

05 Jan 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 343 /2015

 

BOB Card Ltd. c/o Bank of Baroda, Branch Nehru Place, Tonk Road, Jaipur.

 

Vs.

 

Anil Singhal s/o Surajbhan Singhal c/o M/s.Shanti Textiles, Gopalji ka Rasta,Jaipur.

 

Date of Order 05.01.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs.Sunita Ranka- Member

 

 

Mr.S.N.Soorwal counsel for the appellant

 

 

 

2

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been preferred against the judgment of the court below dated 11.2.2015 whereby award has been passed in favour of the respondent.

 

The contention of the appellant is that it was the condition between the parties that there must be minimum sale of Rs.30,000/- per month then only the commission was payable and condition was not fulfilled by the respondent. Hence, they have rightly deducted the commission and the court below has erroneously passed the order in favour of the respondent.

 

Heard the counsel for the appellant and perused the impugned judgment.

 

The court below has rightly held that there is no such condition in agreement Ex.1 that there should be minimum sale of Rs.30,000/- then only commission would be payable. Hence the contention of the appellant is totally groundless.

 

3

 

The contention of the appellant is that they have written letters for the same effect but taking note of the fact that letters have been issued in favour of the respondent still agreement Ex.1 was a bilateral agreement between the parties and conditions entered in Ex.1 cannot be unilateraly changed by the appellant by writing letters. Hence, letters written by the appellant if any are having no legal effect and the court below has rightly ordered to refund the payment of Rs.1197/- to the respondent.

 

It is very unfortunate that bank has come in appeal for the meagre amount of Rs.1197/- inspite of the fact that they were at fault and they have coined the defence that some condition has been entered between the parties. Hence, on frivolous grounds this appeal has been filed and is dismissed with Rs.5000/- costs.

 

 

(Sunita Ranka) (Nisha Gupta )

Member President

 

 

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