(1.) This appeal is directed against the order of the learned District Forum, Jaipur-I dated 16.7.2001 whereby the complaint filed by respondent No.1 Shri Parmatma Sharan Paliwal has been partly accepted directing the appellants (O. P. Nos.1 and 2 in the complaint) and respondent Nos.2 and 3 (O. P. Nos.3 and 4 in the complaint) to pay to the complainant an amount of Rs.47,219/- with interest at the rate of 12 per cent per annum along with compensation of Rs.2,000/- for mental agony and cost of litigation, while dismissing the complaint against respondent No.4 (O. P. No.5 in the complaint ).
(2.) We heard the learned Counsels for the parties present and perused the record carefully. The appellants have challenged the impugned order mainly on the ground that respondent Nos.2 and 3 have been responsible for rendering deficient services to the complainant Shri Paliwal and not they. On the other hand, it has been argued on behalf of the respondent Nos.2 and 3 that it is only the appellants who are liable for non-issuance of the shares of the respective companies and non-refund of the share money received by them to the complainant and not they. That a FIR No.113/2000 has also been lodged by them with Police Station, Jalupura against the appellant for cheating and defrauding them under Sections 409, 420, 477a, 380, 465 and 467 of the I. P. C. and that investigations are in progress and that they are not responsible for any internal transactions between the appellants and the complainant.
(3.) It may be stated at the outset that complainant Shri Paliwal had paid a total amount of Rs.47,219/- to the appellants on different dates as disclosed in the complaint to enable him to purchase the shares of different companies and that the said amounts were duly deposited by the appellants in the Bank accounts of respondent Nos.2 and 3. It is also made out from the documents filed before the District Forum that appellant No.2 Shri Deepak Khandelwal has also filed a separate civil suit for the rendering of accounts in the Court of District Judge, Jaipur against respondent Nos.2 and 3 and that suit is still pending disposal before the Civil Court.