AMRIT DEVI Vs. TRILOCHAN SINGH DAWAR

JUDGEMENT

(1.) Briefly the facts of the case are that the complainant deposited an amount of Rs.1,00,000/- '-vide two pay orders, dated 7th June, 1989 for Rs.15,000/- and dated 21st July, 1989 of Rs.85,000/- drawn on Indian Bank, West Patel Nagar, New Delhi. The opposite party it is alleged, agreed to re-pay the amount with interest @15% P. A. from December, 1989 in instalments of Rs.2,000/-each per Mensum. They, in order to show their bona fide issued a cheque for Rs.7,200/- instead of Rs.2,000/- on 27th December, 1989 in favour of the complainant. It was presented to the Bank which was dis-honoured on the ground "refer to drawer". Thereafter the complainant made various requests to the opposite party to make the payment, but they failed to do so. Consequently, she filed a complaint for recovery of the amount.

(2.) Notice on the complaint was given to the respondent who appeared on 5th October, 1992. The complaint has been contested on behalf of the respondent. He inter-alia pleaded that the complainant was appointed as carry and forward agent for M/s. Gold 'n' Gold Processed Foods. Therefore, she is not entitled to refund of the amount. It is further pleaded that she is not a consumer.

(3.) The complainant has filed a rejoinder to the written statement, wherein she has denied allegations of the opposite party. It is stated by her that the amount was deposited by her with the respondent as a deposit.