S K GULATI Vs. KANYA BUILDERS PVT LTD

JUDGEMENT

(1.) THE opposite party filed his written version dated 30-9-1991 in which the opposite party admitted the receipt of Rs. 2,90,000/- from the complainant. According to the opposite party, the aforesaid amount was not paid for the purchase of flat but invested the money with him for earning interest. THE opposite party also raised some technical objections with which we are not much concerned.

(2.) WE heard the arguments of complainant in person and opposite party through Shri V.H. Nikte, Advocate. WE also perused the relevant documents on record.

(3.) ON perusal of the record, it is seen that the complainant has placed on record a copy of the agreement dated 18-5-1989. The agreement clearly shows that the opposite party agreed to render the service of the construction of the flat to the complainant for consideration. It is not necessary for us to consider the details of the terms and conditions of the agreement. Suffice it to say that there was an agreement executed by the opposite party in which he agreed to render the necessary service to the complainant to construct the flat. It is also apparent that despite the stipulation in para 8 of the agreement, the opposite party did not construct the flat and did not place the complainant in possession thereof. Thus, the deficiency in the service of the opposite party is very evident. The allegations made in the complaint thus stand proved. Moreover, the complainant has filed his affidavit dated 16-1-1992 duly sworn in, in which he verified the allegations made in the complaint. The complainant also placed on record the receipts of the payment of the amount. In view of the documentary evidence the defence of the opposite party that the complainant invested the money for earning interest cannot be accepted.