DIPTIBEN KOTAI Vs. JAYANTILAL SANKALCHAND PATEL

JUDGEMENT

(1.) The present revision petition has been filed against the judgment and order dated 15.11.2011 passed by the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad ('the State Commission') in Appeal no. 56 of 2011.

(2.) Respondent/ complainant in his complaint stated that for ensuring the bright future of his son desired to send him abroad and entrusted the work to the petitioner/ respondent who was in the business of sending abroad those persons who desired to go out of the country. The petitioner had also published advertisement in the newspapers. On seeing the advertisement of the petitioner, the respondent desired to send his son Rohit Patel Welder, to United States of America (USA). He along with his son contacted the petitioner at Hotel Pride, C G Road, Ahmedabad on 05.07.2007 with all the necessary documentation and the same was given at her residence at Bopal on 05.08.2007. On 15.09.2007, the petitioner had informed the respondent that he had to pay sum of Rs.1,38,000/-. The respondent paid Rs.1,38,000/- by way of cheque no. 0871306 dated 17.09.2007 drawn on Bank of Baroda, Dahegam Branch in favour of the petitioner, which was handed over at the petitioner's residence at Bopal. A receipt was prepared on the Xerox copy of the cheque by the petitioner putting her signature on it. Thus the petitioner accepted the cheque and prepared the receipt. The respondent thereafter followed up with the petitioner regarding the time frame by which his son would be able to go to USA. The petitioner kept on assuring the respondent that "your name will come in turn and you will be informed in writing". Thereafter on 05.06.2009 the petitioner informed the respondent that as per the contract with the USA agent for sending the people to USA had been terminated and therefore his son could not be sent to USA. The respondent asked for the refund of the money, but no response was received. The respondent hence prayed for refund of Rs.1,38,000/- with interest @ 18% per annum upto 17.09.2009 amounting to Rs.53,830/- totalling to Rs.1,91,830/-. He further asked for an amount of Rs.25,000/- as compensation and Rs.1500/- towards the cost.

(3.) The petitioner while admitting in the written statement that she had taken the cheque of Rs.1,38,000/- along with the papers on 17.09.2007 and stated that she had been working on behalf of Devendrasinh Chauhan who is the Director of the Company P & R Business Solution Limited. She further stated that per the instructions of Mr Chauhan, the amount of Rs.1,25,000/- was paid in cash to him and the balance of Rs.13,000/- was credited against the expenses like office rent and cost of advertisement etc. Therefore, the petitioner had received the cheque of the respondent after affixing the signature on the receipt. The petitioner stated that she was working as a representative employee in the Company and hence was not liable to make any refund. The amount of Rs.1,38,000/- which was accepted by the petitioner were withdrawn by the Director of the said Company, Mr Chauhan and his father-in-law and brother-in-law from the Company and wherein any responsibility for making the payment or giving refund does not arise on her part. All this responsibility is that of the P & R Company and its Directors.