KAMLA DEVI Vs. SUDHA RANI

JUDGEMENT

(1.) HEARD learned Counsel for both the parties and perused the record.

(2.) THIS appeal is directed against the judgment and order dated 1.11.2006 passed by District Consumer Forum II, Agra whereby the complaint of the respondent Smt. Sudha Rani was allowed with a direction to the appellant Smt. Kamla Devi and respondent No 2, Swarn Bhoomi Forest India Limited, to pay to the complainant a sum of Rs. 20,000 within 45 days from the date of the judgment besides interest at the rate of 6% on the principal sum of Rs. 10,000 from 10.8.1999 until the date of actual payment. There was a default clause also, according to which an interest of 9% was payable on the decretal sum if the payment was not made within the prescribed time. The appellant Smt. Kamla Devi has come forward to file this appeal with the contention that she had no role to play in the transaction of the complainant with the Swarn Bhoomi Forest India Limited. She denied that she was agent of respondent No 2. As pleaded further there was a direct deal between the two respondents where under Smt. Sudha Rani deposited Rs. 10,000 for a fixed term of three years. In other words the appellant's case is that she cannot be held liable for payment of the aforesaid money as she is not an intermediary.

(3.) THE respondent No. 2 has not come forward to contest this appeal. Learned Counsel for the respondent No. 1, Smt. Sudha Rani, has submitted that the appellant Kamla Devi represented herself to be the agent of Swarn Bhoomi Forest India Limited and it was on her assurance that she had invested her hard earned money with the aforesaid company. Smt. Kamla Devi was said to have issued a cheque for Rs. 20,000 but it was taken back on the pretext that the account of Swarn Bhoomi Forest India Limited had been closed, as a consequence, another cheque would be issued.