GOLDEN FORESTS INDIA LTD Vs. SUMITRA DEVI

JUDGEMENT

(1.) Both the above appeals are directed against the order passed by the District Forum, Kullu, dated 30.9.1995 and raise a common question and, therefore, can be disposed of by a common order.

(2.) The main grievance of the appellant M/s. Golden Forests India Ltd. in Appeal No.55 of 1995 is that the agents are not authorised to collect the deposit from the customer in cash according to the terms and conditions as provided for the agents by M/s. Golden Forests India Ltd. Since the amount is alleged to have been collected from the complainant in cash, there is violation of the terms and conditions of the contract by the agents and, therefore, the acts done by the agents cannot bind the principal and the principal-appellants cannot be fastened the liability on this account.

(3.) We may refer to brief facts of the case in the above appeals that one Savita Thakur who, admittedly, is the agent of the appellant in her capacity as agent collected Rs.20,000/from the complainant and deposited with the appellant for a fixed term. Savita Thakur in fact handed over the money to Mr. C. R. Dass Rai appellant in Appeal No.37 of 1995 in the presence of the complainant and that C. R. Dass Rai issued a receipt to the complainant for the said money. Mr. C. R. Dass Rai also admits that the money was paid to him by Savita Thakur in the presence of the complainant and that the money was to be invested in the fixed deposit in the name of the complainant with the appellant M/s. Golden Forests India Ltd. and that the money has been deposited by him in the account of the appellant M/s. Golden Forests India Limited.