LAWS(NCD)-2007-5-120

ANIL KUMAR GOYAL Vs. KISHORI LAL SHARMA

Decided On May 21, 2007
ANIL KUMAR GOYAL Appellant
V/S
KISHORI LAL SHARMA Respondents

JUDGEMENT

(1.) heard Mr. R. K. Gupta, learned Counsel for the appellant and Mr. Anil Kumar Goyal, Manager of Kuber Builders.

(2.) According to the complainant, he deposited a sum of Rs.50,000 in the local branch office of Kuber Builders at Muzaffarnagar. The Kuber Builders failed to repay the aforesaid amount of the complainant who then filed a complaint before the District Consumer Forum, Muzaffarnagar. The complaint was allowed and vide judgment in appeal it was directed that the opposite parties including the appellant shall pay Rs.50,000 along with interest @ 18% p. a. to the complainant.

(3.) Learned Counsel for the appellant has argued that the appellant was not served with the notice of the complaint and thus could not avail the opportunity to contest the proceedings. From a perusal of the judgment in appeal we find that the notice has been served on all the opposite parties including the appellant Anil Kumar Goyal, therefore, on the face of the clear-cut observation of the District Forum we find it difficult to accept the cotnention that the service of notice has not been effected upon.