BOLARIA FINANCIERS Vs. BABU SINGH

JUDGEMENT

(1.) THESE two appeals attempted by M/s. Bolaria Financiers (Regd.), New Delhi and another (bearing Nos. 219 and 220 of 1999) in respect of the order dated 2.11.1999 passed against them.

(2.) BABU Singh made three deposits of Rs. 8,000/ - on 25.3.1985, Rs. 5,000/ - on 16.4.1985 and Rs. 5,000/ - on 22.5.1985 and his wife also made three deposits of similar amounts on corresponding dates totaling Rs. 36,000/ - with M/s. Bolaria Financiers (Regd.), the bankers in their branch at No. 226, Sector 9C, Chandigarh. On account of non -payment, a complaint was instituted on 8.1.1996 and the District Forum -II, Chandigarh passed an order against the aforesaid Finance Company on 2.11.1999 together with interest at the agreed rate and costs Rs. 550/ -. Aggrieved against it, the present appeal bearing No. 219 of 1999 has been taken up.

(3.) SINCE the amount was invested at Chandigarh branch of the appellants, the District Forum at Chandigarh had the jurisdiction. At one stage on 19.6.1994 the appellant wrote a letter to all the depositors and its Annexure -8 relied upon by the respondents is reproduced as under : 'Bolaria Financiers (Regd.) Branch Office : Head office : Bazpur Road, E -19, Jangpura Extension, Kashipur (Nainital) New Delhi -110014 Phone : 145 Ph. 4623556, 4631501 226, Sector 9C, Chandigarh. Ref. No. BF/JSP/94 June 19, 1994 To All Depositors M/s. Bolaria Financiers (Regd.) Dear Sir/Madam, In continuation to my letter of 11.4.1994, I would like to assure all the depositors through this letter that we will be refunding full deposit with interest upto date, to each depositors by and before 20th September, 1994. Kindly bear with us till then. Yours faithfully, For Bolaria Financiers (Regd.) Sd/ - Partner.' This would go to show that the appellant Finance Company not only made individual acknowledgement of the money and interest due, it also informed the various depositors including the two respondents whose deposits also find mention in the minutes of a meeting recorded on the subject in Annexure -9. Thus the genuineness of the deposit, the fuctum that it remained due and unpaid at the time the complaint was instituted was well established and the finding of fact arrived at by the District Forum did not call for any interference at all.