JUDGMENT
D.P. Wadhwa, J. (President)
1. Petitioner was the complainant. He deposited a sum of Rs. 15,000/- in
fixed deposits with Aneja Consultancy which was the opposite party through its
Chairman-cum Managing Director namely Inderjit Aneja. The amount was received
by Col. H.S. Bopare (Retd.)), first opposite party. Receipt was issued int he name of
Aneja Consultancy. When the fixed deposit matured the amount was not paid to
the complainant with interest accrued thereon which led him to file complaint in the
District Forum alleging deficiency in service. Allowing the complaint District Forum
directed Aneja Consultancy to pay the amount in question to the complainant. A
direction was also issued to the first opposite party – Col. H.S. Bhopare to make all
efforts to get the refund from the second opposite party – Aneja Consultancy. It was
also held that first opposite party cannot be fastened with personal liability as he was
merely an employee of Aneja Consultancy. District Forum also awarded Rs. 1500/- as
compensation and costs to the complainant.
2. Complainant went in appeal to the State Commission. His allegation
was that it was on the representation of Col. Bhopare that he had deposited the
amount with Aneja Consultancy. There was no dispute that receipt was issued in the
name of Aneja Consultancy and cheque by which payment was made by the
complainant was also in the name of Aneja Consultancy. State Commissioner upheld
the view of the District Forum. Finding no infirmity in the order of the District
Forum, it dismissed the appeal.
3. Aggrieved, complainant has filed this petition. In our view both the
District Forum and State Commission were right that first opposite party being the
employee of Aneja Consultancy, second opposite party, could certainly be not
fastened with personal liability of the amount due to the complainant. We find no
ground to interfere with the impugned order of the State Commission in exercise of
our jurisdiction under Clause (b) of Section 21 of the Consumer Protection Act, 1986.
This revision petition is dismissed.