HARBANT SINGH MOHAL Vs. BHARAT KHURANA & ORS

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment and order dated 4th November, 2015 by which the Plaintiff's suit has been decreed for a sum of Rs.14, 200/- along with the interest. The appeal has been filed by the Plaintiff challenging the said judgment.

(2.) The case of the Plaintiff, in brief, is that one of the Plaintiff's friend introduced him to Mr. Bharat Khurana, his brother in law, Mr. Mohit Bakshi and his wife, Mrs. Mini Khurana who were running the business under the name and style of Paramount Home & Infrastructure, 3, Lower Ground Floor, Bougan Village Marg, DLF, Phase-II, Gurgaon (Haryana). He met with them and they persuaded him to invest Rs.7, 00, 000/- and promised good returns. They also convinced the Plaintiff that the money would be invested in some good project which will give him good returns. Accordingly, the Plaintiff handed over cheque No.173134 dated 2nd May, 2006 drawn on UTI Bank, Vikas Puri for a sum of Rs.7, 00, 000/-. The said cheque was collected by Mr. Mohit Bakshi. It was in favour of Paramount Home & Infrastructure. The cheque was duly encahsed. However, despite repeated reminders, there was no response as to what investment was made with the money. In order to convince the Plaintiff to part with the sum of Rs.7, 00, 000/-, four cheques had been issued as security for the said amount. Since no response was coming forth, one cheque of Rs.2, 00, 000/- bearing No.285663 was presented by the Plaintiff in the Bank and thereafter another cheque of Rs.2, 00, 000/- was also handed over. The first cheque was dishonoured and the second one was encashed.

(3.) On 17th June, 2007, the three Defendants again called the Plaintiff to their office in Gurgaon and persuaded him to invest in the purchase of an apartment in Opera Garden (OID) Residential Complex in Zirak Pur (Punjab) owned by Chandigarh Colonizer Pvt. Ltd. (CCPL). They assured him that they would give him Rs.1850/- per sq. ft. instead of companies' current market price of Rs.2350/- per sq. ft. and accordingly asked him to invest Rs.2, 00, 000/- in the same. The Plaintiff accordingly paid the sum of Rs. 2, 00, 000/-