ELECTRONICS AND ELECTRONICS Vs. NET RAM

JUDGEMENT

(1.) This appeal has been filed by the Electronics and Electronics Defendant No.2 against the judgment of the District Forum dated 9th February, 1990 directing Defendant No.2 to pay Rs.23,300/- with interest @ Rs.16.5% per annum with quarterly rests to the complainant (Respondent No.1) within one month from the date of the order.

(2.) Briefly, the case of the complainant is that he got quotation No.980 dated 17th May, 1989 from defendant No.2 for purchase of one Bush Colour Television (with remote control), one Kelvinator Fridge and one Philips Stereo system. Later, he handed over to them a cheque No.927897 dated the 17th May, 89 for Rs.23,300/- drawn on the State Bank of India, Ambedkar Nagar, Madangir, New Delhi drawn in their favour. It is alleged that the cheque had been encashed by them but they had not given the delivery of the aforesaid three items to him. Consequently, he filed a complaint against the defendants for recovery of the said amount. Defendant No.2 in their reply stated that they sold one Orson Colour T. V. , one Kelvinator Fridge and one Bush Stereo system against draft No.927897 dated 17th May, 1989 drawn on the State Bank of India, Madangir for Rs.20,300/- to Shri R. Sahai. They denied that any banker Cheque No.927897 dated 17.5.89 for a sum of Rs.23,300/- was received by them from Sh. Net Ram. They also alleged that they issued a Bill No.1221 dated 24.5.89 in favour of the said Sh. R. Sahai.

(3.) The State Bank of India, defendant No.1 filed a separate reply dated the 5th September, 89 wherein it was stated by them that Sh. Net Ram was delivered the banker Cheque No.920856 dated 22nd May, 89 for Rs.23,300/- favouring M/s Electronics and Electronics defendant No.2 for purchase of electric goods. The said cheque had been honoured by the Bank on 25th May, 1989 and the amount had been paid to M/s Electronics and Electronics through their banker.