G.S.RAJENDRA PRASAD Vs. METTA RAJYA LAKSHMI

JUDGEMENT

(1.) THE unsuccessful opposite parties in C.D. No. 209/99 on the file of District Forum, Visakhapatnam, are the appellants before this Commission.

(2.) THE facts in brief are that the complainant has entrusted share certificates of 50 shares issued by the State Bank of India to the opposite parties. The first opposite party paid Rs. 2,500/ - towards advance and promised to sell the shares and remit the balance amount. At that time, the market value of each share was Rs. 293/ -. The first opposite party did not pay the balance of the amount. The complainant gave a report to the police and the second opposite party, the brother -in -law of the first opposite party attended the police station and assured that he would pay an amount to a tune of Rs. 10,000/ - and paid Rs. 1,000/ - on 2.7.1998 and promised to pay the balance amount in nine monthly instalments. Thereafter he paid Rs. 2,000/ - i.e., in all Rs.

(3.) ,000/ - but subsequently failed to pay any amount. The complainant thereupon approached the District Forum to direct both the opposite parties to pay an amount of Rs. 11,000/ - with interest at 24 per cent per annum from 13.4.1998 till the date of payment and damages of Rs. 5,000/ -. 3. The first opposite party filed his written version claiming that he paid the entire amount to the complainant and no balance need be paid to her. It is further alleged that when the first and second opposite parties went to the police station, on the complaint given by the complainant, the police obtained the signature of opposite party No. 2 on a blank paper and fabricated acknowledgement of the second opposite party on the said paper. The second opposite party never paid Rs. 3,000/ - to the complainant. The first opposite party paid Rs. 2,500/ - towards advance and the complainant gave shares to him and promised to sell the shares and remit the balance.