JIMMY R JAGTIANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sanjay Patial claims to be a Taekwondo enthusiast. He is registered player for the aforesaid sport with the Kurukshetra District Taekwondo Association, which functions under the Haryana State Taekwondo Association. The Haryana State Taekwondo Association is affiliated to the Haryana Olympic Association and the Taekwondo Federation of India. The Taekwondo Federation of India is internationally affiliated to World Taekwondo Federation, Korea. A claim was made by Sanjay Patial (hereinafter referred to as the complainant) alleging that the petitioners herein, namely; Jimmy R. Jagtiani and his wife Komal Jagtiani (hereinafter referred to as the accused) visited Kurukshetra and accepted a sum of Rs. 3,500.00 from him as fee for the black belt examination in July, 1997. It is further alleged by the complainant that the aforesaid fee was charged in the presence of Virender Rawat, another registered player with the Kurushetra District Taekwondo Association. Consequent upon the receipt of the aforesaid deposit, the complainant was permitted to participate in a Taekwondo camp held at Lucknow from 2-8-1997 to 10-8-1997 for the Dan promotion tests. It is alleged by the complainant that the accused continued to charge money from the complainant as well as other players even at Lucknow.

(2.) The result of the Dan promotion test conducted in August, 1997 was declared on 11-12-1997. The accused sent a copy of the aforesaid result to the Haryana State Taekwondo Association, wherein, the name of the complainant had been mentioned as Sanjay Kumar, instead of Sanjay Patial. According to the result, the complainant was shown to have succeeded in qualifying the black belt examination.

(3.) It is alleged by the complainant that in spite of the declaration of the result, the complainant has not been issued a certificate by the accused in spite of the fact that the accused had undertaken that all those who qualify the Dan promotion test would be issued certificates by the World Taekwondo Federation, Korea. According to the complainant, the accused fraudulently cheated the complainant, and many others similarly situated as the complainant, so as to cause loss and injury to the complainant and others, for monetary gains. It is further alleged by the complainant that the accused have not been authorised either by the Taekwondo Federation of India or by the World Taekwondo Federation, Korea, to conduct the Dan promotion tests or to charge money on account of holding the said tests. On the basis of the aforesaid factual position, it is alleged that the accused have cheated the complainant.