GURWINDER KAUR Vs. NACHHATAR SINGH

JUDGEMENT

(1.) NACHHATAR Singh, respondent was a Driver in Punjab State Electricity Board and was posted with the Executive Engineer at Muktsar. He started a scheme of giving TV/Fridge by draw of lots and under this scheme, he was to get Rs. 1,000 from its customers for 20 months. Gurwinder Kaur, appellant, being a Peon in Punjab State Electricity Board felt attracted to this scheme and started depositing Rs. 1,000 per month with the respondent. She was unable to get the Fridge/TV in the draw even after depositing 20 instalments of Rs. 1,000 each. Under the scheme, in such a situation the amount of Rs. 20,000 was to be returned by the respondent to the appellant at the end of 20 months. However, the respondent returned only Rs. 10,000. Hence the appellant filed the complaint in the learned District Consumer Disputes Redressal Forum, Muktsar (in short the District Forum ) for recovery of Rs. 10,000 compensation and costs.

(2.) THE respondent filed the written reply and contested the case. He denied having started any chit fund business. The transaction between the parties was denied. It was admitted that the respondent was working as Driver with Executive Engineer (Enforcement) while the appellant was working as a Peon in the said Board. Dismissal of the complaint was prayed with special costs.

(3.) THE appellant examined Swaran Kaur who proved her affidavit, Ex. C -1 and tendered herself for cross -examination. Gurwinder Kaur also appeared as a witness. She proved her affidavit, Ex. C -2 and tendered herself for cross -examination. Des Raj was also examined as a witness who proved his affidavit, Ex. C -3 and another document, Ex. C -4. Mohan Singh was examined as a witness who proved his affidavit, Ex. C -5 and also proved that a compromise was reached between the parties on 9.2.2002 of which he was a witness and the said compromise deed was proved as Ex. C -6. He also proved that the said compromise deed was scribed at the instance of Nachhatar Singh, respondent who had signed in his presence. By this compromise, Nachhattar Singh had agreed to refund the balance amount of Rs. 10,000.