NISHA PRABHAKAR RANADE Vs. MANJUSHA ARUN ROKADE

JUDGEMENT

(1.) Respondent is present through his Advocate in response to our notice before admission issued on 22.4.2003 in this appeal. Learned Advocate for the respondent files his appearance.2. We are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available before us and on hearing the learned Advocates for the parties.3. For brevitys sake appellant is referred to as O. P. and respondent as.4. O. P. is the appellant in this appeal, who has taken exception to the order dated 28.8.2002 passed by District Forum, Sangli holding the O. P. being deficient in rendering services to the complainant as also indulging in unfair trade practice and so holding, has ordered for refund of the amount which the complainant paid to the O. P. towards the price of the machine in question plus cost. Few relevant facts:

(2.) Complainant in response to the advertisement issued by and on behalf of one M/s. Prakash Traders in local newspaper Dainik Tarun Bharat paid a sum of Rs.25,000/- to the O. P. who was associated at the same time with the said Company by cheque for the purchase of machine being the subject matter of the dispute herein. However, despite payment of full price, O. P. did not deliver the machine and hence the complaint.

(3.) It is noticed that in response to the notice issued by the District Forum, O. P. appeared and took up the stand he having been wrongly impleaded in the complaint proceedings. Inasmuch as it was asserted inter alia that one Mr. J. P. Singh Verma was the Proprietor of M/s. Prakash Traders and the machine was to be delivered to the complainant by the said Company. It is stated that said Mr. Singh Verma was sole Proprietor of M/s. Prakash Traders. O. P. tried to explain that she accepted the payment by cheque which was drawn in her favour as it was understanding between her and Mr. Singh, Proprietor of M/s. Prakash Traders and thereafter had paid the said amount to said Mr. Singh, in support, reliance was placed on some writing sought to be executed by Mr. Singh admitting receipt of sum of Rs.25,600/- from the O. P.