TMI Blog1994 (3) TMI 285X X X X Extracts X X X X X X X X Extracts X X X X ..... ged in by respondent - Held, yes - Whether applicant was also entitled to further compensation of ₹ 10,000 for mental agony allegedly suffered by him - Held, no - C.A. NO. 159 OF 1993 - - - Dated:- 31-3-1994 - JUSTICE A.N. VARMA, CHAIRMAN AND DR. S. CHAKRAVARTHY, MEMBER A.K. Sawhney for the Complainant. ORDER Justice A.N. Varma, Chairman - S.K. Agro Enterprises Ltd., the respon-dent herein, is a private limited company. It has been issuing advertise-ments published in Hindustan Times and other newspapers offering highly attractive and alluring schemes of investments guaranteeing that the amount invested shall be doubled in two years. One of such advertise-ments published in the Hindustan Times dated 1-11-199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... covered by a fixed joint deposit of a Nationalised Bank. The remaining 2 cheques were also to be covered by fixed deposits, after payment of the first cheque; ( c )the respondent will not be responsible for any breaches occurring by reason of unforeseen circumstances such as war and earth-quake." Accordingly, the Respondent issued 3 post-dated cheques of: Rs. 6,000 to be paid on 27-2-1993 Rs. 12,000 to be paid on 27-8-1993 Rs. 18,000 to be paid on 27-2-1994 The first cheque of Rs. 6,000 dated 27-2-1993 was covered by a joint fixed deposit with the New Bank of India. The fixed deposit matured on 28-2-1993. Before, however, the time for encashment of the first cheque dated 27-2-1993 arrived, the respondent requested the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r services do not have;" On these facts, the applicant submitted the compensation application and claimed a compensation in the sum of Rs. 29,250 for the loss suffered by him as a result of the unfair trade practice indulged in by the respondent. A further sum of Rs. 10,000 is claimed as damages for the mental agony undergone by the applicant. Notice was issued on this application in response to which one Shri Atul Sharma, Advocate, appeared for the respondent on 30-8-1993 but only after the Commission had ordered in the earlier part of the day that the case shall proceed ex parte. The learned counsel stated that he would make an appropriate application for the recall of the order to proceed ex parte as well as its reply to the allega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y a total sum of Rs. 36,000 after 2 years) 9,000 ( iii ) Amount payable up to 27-5-1993 2,250 Total: 29,250 The applicant is certainly entitled to get this amount together with interest thereon calculated at the rate of 18 per cent per annum with effect from 28-5-1993 till the date of payment. 5. The claim of Rs. 10,000 as compensation for mental agony cannot be sustained, however, as there is no reliable evidence in support thereof. The figure of Rs. 10,000 appears to have been mentioned by the applicant without disclosing any basis for the same. 6. In the result, the application for compensation is allowed in part. A decree for a sum of Rs. 29,250 is passed against the respondent which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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