N KRISHNA MOHAN Vs. S K KARNAKARAN

JUDGEMENT

(1.) The appellant herein has filed the complaint in C.C.No.8251 of 2007 against the respondent herein before the learned IX Metropolitan Magistrate, Saidapet, Chennai under Section 200 of Cr.P.C., to deal with the respondent under Sections 138 of the Negotiable Instruments Act, 1881.

(2.) In the complaint the appellant has alleged that he had paid a sum of Rs.3,00,000/- to the respondent as an advance for the construction of a flat as per the agreement entered into between him and the respondent. The respondent being a builder had failed to develop the project in time and as such there was an inordinate delay in constructing the flat and as a result of which, the appellant had revoked the agreement and requested the respondent to refund the advance of Rs.3,00,000/-. However, the respondent had not chosen to refund the advance amount.

(3.) Being aggrieved with this, the appellant had filed an Original Petition in O.P.No.60 of 2002 before the District Consumer Disputes Redressal Forum (South) Chennai, for the refund of the above said amount. On 03.12.2004, the District Consumer Disputes Redressal Forum had directed the respondent/accused to refund the amount of Rs.3,00,000/- along with interest at the rate of 12% per annum and also to pay a sum of Rs.10,000/- towards compensation for mental agony and an another sum of Rs.1,000/- towards costs of the petition. Together, the respondent/accused was directed to pay a sum of Rs.4,70,000/-.