KRISHNA NAND SHUKLA Vs. SUBHASH CHANDRA RAI

JUDGEMENT

(1.) HEARD Mr. M.H. Khan, learned Counsel for the appellant and Mr. Anil Kumar Chaubey, learned Counsel for the respondent/complainant Subhash Chandra Rai, appearing in both the appeals.

(2.) BOTH these appeals having arisen out of one and the same judgment of November 9, 2000, passed by the District Consumer Forum, Deoria, have been taken up together for hearing and disposal.

(3.) THE issue revolves around the plea of payment and denial of the parties in respect of two unit certificates No. 459111308091 and 40594001006130. These two unit certificates were issued in the name of two other persons who are not party to this litigation. The complainant Subhash Chandra Rai had invested the money with Sri Krishna Nand Shukla lor purchase of the aforesaid two certificates and as agreed between the two, the appellant was under an obligation, having received the money, to get these unit certificates transferred in the name of the complainant but as alleged by him the appellant failed to discharge his part of obligation. When the complainant asked for refund of his money the appellant refused to oblige him, thus compelling him to file his two complaint Nos. 55/96 and 57/96 in the District Consumer Forum, Deoria. Here it would be relevant to mention that two more complaint Nos. 56/96 and 168/96 were also filed by the aforesaid complainant and all the four complaints had been decided by the Forum below by means of the common judgment i.e. the one impugned before us. Whereas the two complaint Nos. 56/96 and 168/96 were dismissed and the complainant did not prefer any appeal against the said dismissal order, the two complaint Nos. 55/96 and 57/96 were allowed with a direction to Sri Krishna Nand Shukla to pay to the complainant a sum of Rs. 36,500 along with interest @ 12% p.a.