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Judgment
THE respondent had agreed to pay an amount of Rs. 25,000/- by the end of June, 1990 to the petitioner in settlement of the petitioner''s claim as is evident from the order dated 30-5-1990.
THE case was taken up for hearing on 19th of June, 1990. THE respondent did not attend that hearing although, he had supplied the Deep Freezer with a Stabilizer to the petitioner on 18th of June, 1990 in terms of the orders dated 30.5.90 without a guarantee card. THE respondent however, gave one year guarantee in his letter dated 27.6.90. The case was adjourned to 9th of July, 1990 and it was taken up at Dharamsala. Notice of this hearing had been issued to the respondent. The respondent, however, did not attend the hearing at Dharamsala and the petitioner stated that the amount of Rs. 25,000/- had not been paid to him till the end of June, 1990.
In the aforesaid circumstances a penalty notice was issued to the respondent for today. In the meantime a telegram and an application had been received from the respondent that due to heavy rains, he could not attend the hearing of 9th July, 1990 at Dharamsala.
TODAY the respondent is present and he was asked as to why the order which was passed on 30th of May, 1990, on the basis of mutual agreement, was not complied with. The respondent states that he is willing to pay the amount in instalments and that an amount of Rs. 7,000/- will be paid by him today. As the respondent did not pay the amount of Rs. 25,000/- till 30th of June, 1990 and the petitioner has been deprived of the cash amount, therefore, after taking into the consideration, all the circumstances, we feel that in the ends of justice, the respondent should be directed to pay some extra amount by way of interest and compensation etc., because the petitioner had to attend two more hearings.
IT is agreed that an extra amount of Rs. 2,000/- will be paid by the respondent and that the respondent will issue cheques for Rs. 20,000/- which would be post dated for 1st of Sept. 1990 and 1st of October, 1990. Besides, the aforesaid two Cheques, the respondent has paid Rs. 7,000/- in cash to the petitioner. The petitioner has accepted the Cheque No. ONF- 703074, A/C No. 8242. dated 1-9-90 for Rs. 10,000/- drawn on Punjab National Bank Ambala Cantt and ONF-703075, A/c No. 8242 for Rs. 10,000/- dated 1-10-1990 drawn on Punjab National Bank, Ambala Cantt. The respondent has been informed that in case, the Cheques are dishonored then he can be made liable criminally. In view of the payment of Rs. 7,000/- in cash and the two cheques for Rs. 10,000/ each given to the petitioner, the present dispute is settled. The present complaint is disposed of accordingly. Complaint disposed of.