NCDRC

NCDRC

RP/2457/2009

HARJINDER SINGH & ORS. - Complainant(s)

Versus

RAVINDER SINGH BAGGA - Opp.Party(s)

MR. GULSHAN KUMAR & PUJA GULSHAN KUMAR

07 Aug 2009

ORDER

Date of Filing: 13 Jul 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/2457/2009
(Against the Order dated 19/05/2008 in Appeal No. 2047/1993 of the State Commission Uttar Pradesh)
1. HARJINDER SINGH & ORS.partner M/s Singh Motor Finance & Hire Purchase (regd.), Office Subhash Nagar, Municipal Corporation, BareilyU.P ...........Appellant(s)

Vs.
1. RAVINDER SINGH BAGGAS/o Sh. Gyan Singh, R/o 15-C, Rajender Nagar, Awas Vikas,BareilyU.P ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. GULSHAN KUMAR & PUJA GULSHAN KUMAR
For the Respondent :NEMO

Dated : 07 Aug 2009
ORDER

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Petitioner was the opposite party before the District Forum.

Briefly stated, the case of the complainant/respondent before the District Forum was that he had deposited a sum of Rs.20,000/- with the petitioner as Fixed Deposit @ 18%. P.a. for a period of three months.  After some time, complainant required the principal amount. 


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On demand, petitioner failed to pay back the deposited amount along with interest.  On the persistence of the respondent, petitioner issued cheque for Rs.12,000/- twice but the same were dishonored.  Petitioner failed to pay the amount.  Complainant being aggrieved filed a complaint before the District Forum.

In the Written Statement filed before the District Forum, petitioner took the stand that the petitioner had not taken the amount as lonee, rather the amount had been contributed by the respondent towards partnership.  The District Forum did not accept the version taken by the petitioner and allowed the complaint directing the petitioner to pay back the amount along with interest @ 18% p.a. from the date of deposit till its payment within one month.  Rs.1000/- were awarded by way of compensation.

Aggrieved against the order of the District Forum, cross appeals were filed before the State Commission in the year 1993.  Counsel for the petitioner did not appear before the State


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Commission inspite of several notices given to him.  State Commission, after hearing counsel for the respondent, decided the appeal on merits.

In the given facts and circumstances, we agree with the view taken by the foras below, especially in view of the fact that the petitioner had issued cheque twice to pay back part of the money which were dishonoured later on.  This shows that the respondent had advanced the money to the petitioner as a loanee.  Revision petition is dismissed.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER