VASUDA vs N.R. SULOCHANA

THIS appeal, by the opposite party, is directed against the order dated 23.12.1992, passed by the District Forum, Mysore, in Complaint No. CPA/911/90-91 directing the opposite party to refund the amount of Rs. 6,250/- with interest thereon to the complainant.

THE complainant, averred that the opposite party was running a benefit scheme under the name and style of "Maheswara Enterprises" for the sale of colour T.V. sets and other electronic goods. THE complainant enrolled herself as a Member of the said Scheme and made payments of monthly instalments of Rs. 250/- for a period of 25 months i.e., with effect from November, 1984. The complainant further averred that she was the winner of the draw drawn in the month of November, 1986 and opted to obtain a colour T.V. set. The opposite party obtained all the relevant records including the membership card from the complainant in the month of July 1989, but did not deliver the T.V. set to her as promised. So the complainant sought the refund of the amount of instalments paid by her with interest thereon.

The opposite party filed version and admitted the fact of the complainant becoming member of the said scheme and her making payment of Rs. 250/- per month under the said scheme. But the opposite party further contended that the complainant violated the terms of the agreement and so she was not entitled for the refund of the money deposited by her.

DURING enquiry, both the parties lead evidence. The District Forum, Mysore, on consideration of the material placed on record held that the complainant was entitled for the refund of the instalment amounts paid by her and in that view directed the opposite party to refund the amount of Rs. 6,250/- with interest at 12% p.a. from the date of complaint. We have called for the records and received. We have heard the parties and also perused the material placed on record.

THE opposite party has not disputed the fact that the benefit scheme under the name and style of "Maheswara Enterprises" was being run, under which the complainant became a member. THE membership card was placed on record, as Ex. P-1. THE opposite party even admitted the receipt of the instalment amounts, at Exs. P-1 (a) to P-1 (d) by her from the complainant. However, she denied having received the other instalment amounts found in the said membership card, Ex. P-l. THE District Forum, considering the signature of the husband of the opposite party, found at Exs. P-9 and P-l9 held that initials found at Exs. P-9 and P-10 are the same found on the membership card, Ex. P-l, other than those admitted by the opposite party. THErefore, it is clear that the other amounts were received by the husband of the opposite party. The opposite party has not placed on record any material to show as to how the complainant violated the terms of agreement. It is clear from the membership card, Ex. P-1, that the complainant had made payment of instalments for a period of 25 months at Rs. 250/ per month. Though the complainant was the winner of the draw, did neither receive the colour T.V. set nor the amount deposited by her.

THE District Forum, having regard to these materials placed on record, held that the complainant has fairly established the fact that she deposited the instalment amount of Rs. 250/- per month for a period of 25 months with the opposite party and did not receive the colour T.V. set as promised by the opposite party nor did she receive the refund of the amount deposited by her. In that view, the District Forum, directed the opposite party to pay a sum of Rs. 6,250/- to the complainant with interest at 12 X p.a. from the date of the complaint.

HAVING regard to these facts and under the circumstances, we do not see any good ground to interfere in the order dated 23rd Dec. 1992, recorded by the District Forum, Mysore, in Complaint No. CPA/911/90-91. ORDER In the Result, therefore, this appeal fails and it is dismissed. The appellant shall pay a sum of Rs. 500/- (Rupees five hundred only) to the respondent-complainant towards costs in this appeal. Appeal dismissed with costs.