KUNDAN LAL SHARMA Vs. H.S.BOPARAE (RETD.)

JUDGEMENT

(1.) MR . Justice D.P. Wadhwa, President"Petitioner was the complainant. He deposited a sum of Rs. 15,000/ - in fixed deposits with Aneja Consultancy which was the opposite party through its Chairman -cum -Managing Director namely, Inderjit Aneja. The amount was received by Col. H.S. Boparae (Retd.), first opposite party. Receipt was issued in the name of Aneja Consultancy. When the fixed deposit matured the amount was not paid to the complainant with interest accrued thereon which led him to file complaint in the District Forum alleging deficiency in service. Allowing the complaint District Forum directed Aneja Consultancy to pay the amount in question to the complainant. A direction was also issued to the first opposite party -Col. H.S. Boparae to make all efforts to get the refund from the second opposite party -Aneja Consultancy. It was also held that first opposite party cannot be fastened with personal liability as he was merely an employee of Aneja Consultancy. District Forum also awarded Rs. 1,500/ - as compensation and costs to the complainant.

(2.) COMPLAINANT went in appeal to the State Commission. His allegation was that it was on the representation of Col. Boparae that he had deposited the amount with Aneja Consultancy. There was no dispute that receipt was issued in the name of Aneja Consultancy and cheque by which payment was made by the complainant was also in the name of Aneja Consultancy. State Commission upheld the view of the District Forum. Finding no infirmity in the order of the District Forum, it dismissed the appeal.

(3.) AGGRIEVED , complainant has filed this petition. In our view both the District Forum and State Commission were right that first opposite party being the employee of Aneja Consultancy, second opposite party, could certainly be not fastened with personal liability of the amount due to the complainant. We find no ground to interfere with the impugned order of the State Commission in exercise of our jurisdiction under Clause (b) of Section 21 of the Consumer Protection Act, 1986. This revision petition is dismissed. Revision Petition dismissed.