K.K. KHAJURIA Vs. D.D. BATRA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 10.07.2008 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') in Appeal No. 1805/SC/2003 K.K. Khajuria Vs. D.D. Batra & Ors. by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent no. 1 deposited Rs.1,20,463/- with OP NO. 1/Respondent No. 2 under different schemes. It was further alleged that OP No. 2, 3 & 4/Petitioner/Respondent No. 3 & 4 are Directors/Officers/Employees of OP No.1. Inspite of request, OP has not returned money deposited by complainant. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP No. 1, 2 & 4 have not filed written statement before District Forum. OP No. 3 resisted complaint and submitted that he was only an employee in OP Company and was not getting any benefits from the various schemes of the company. It was further alleged that he along with 400 depositors filed criminal case against OP No. 1 and has no concern with refund of the money and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OPs jointly and severally to pay Rs.1,20,463/- to the complainant with 18% p.a. interest and further awarded Rs.20,000/- for mental agony and Rs.2,000/- as costs. Appeal filed by petitioner was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) None appeared for respondent nos. 1 to 4.