R L BATRA Vs. P MUDGAL SWAMI

JUDGEMENT

(1.) This order will dispose of two appeals bearing No. A-103/90 and A-107/90 as the facts and law points' involved in these appeals are not only identical but even the contesting parties are same.

(2.) Brief facts of the case are that one Shri H. S. Sehgal, who is respondent in both the appeals and was the complainant before the District Forum had gone to London alongwith his wife Mrs. Shakuntla Sehgal as delegates to the World Hindu Conference from 23rd August to 6th September, 1989. He was asked to deposit Rs.19,000/- per head on account of expenses to cover European tour which included board and lodging. The said amount was purportedly paid through cross cheques drawn on Punjab National Bank. The party left Delhi by Aeroflot flight No. SU-554 and SU-553 alongwith Dr. R. L. Batra, who is the appellant in case No. A-103/90 and who happened to be the Chairman of Aryawrat Zone (World Hindu Federation ). On arrival at London on 24.8.89, it was found that no proper arrangement for board and lodging had been made and as a result, respondent Mr. H. S. Sehgal had to make his own arrangements. He was told that their Visa for further tour of the European countries also could not be arranged.

(3.) A meeting was held at Shri Ram Mandir, South Hall, Loudon on 28th August, 1989, wherein it was decided that refund on account of cancellation of further tour shall be made to the individual members. Respondent Shri H. S. Sehgal, after obtaining a letter from both the appellants, in which a direction was given by them to the Bank to refund the amount, presented the same to the Bank but the same was received back with the objection "refer to Drawer Thereafter Shri H. S. Sehgal, complainant before the District Forum made efforts to contact Dr. R. L. Batra as well as Shri P. Mudgal Swami, the two appellants in appeal Nos.103/90 and 107/90 respectively but he found their response evasive. Shri Sehgal had claimed back the due amount of Rs.18,500/-.