NASEEM SALIM SANI Vs. J P ENTERPRISES

JUDGEMENT

(1.) THE complainant entered into an agreement for purchase of flat for consideration of Rs. 4,07,500/- dated on 5-7-89. THE complainant paid to the extent of Rs. 2,50,000/- on various dates which is reflected in para three of the complaint. THE first amount of Rs. 50,000/- on 5-7-89 was paid; the second on 30-8-89 for Rs. 25,000/-, the third on 28-10-89 for Rs. 25,000/-, the fourth on 28-10-89 for Rs. 25,000/-, the fifth on 27-12-89 for Rs. 50,000/- the sixth on 22-1-90 for Rs. 25,000/- and seventh on 21-5-90 for Rs. 50,000/-. THE total amount Rs. 2,50,000/- has been paid. THEreafter, the aforesaid agreement was cancelled for the reason that the property was encumbered and the opposite party agreed to refund the amount. THE said amount was to be refunded by the opposite party to the complainant. THE cheque was issued on 17-8-91 for Rs. 1,00,000/- and the second cheque on the same date also issued for Rs. 1,00,000/-. On presentation of the cheques to the Bank they were referred back to the party for the reason that the funds were not available in the account of the opposite party. THErefore, he filed this complaint Inspite of the notices issued from time to time to the opposite party, they choose to remain absent. THE claim of the complainant is outstanding since the year 1992 and, therefore, he filed this complaint before the Commission. He also filed his affidavit in support of his contention in this complaint.

(2.) WE have gone through the record and the document evidenced it appears that the cheques were issued by the opposite party have not been encashed and were referred back to the drawer. Under these circumstances, the respondent opposite party is under obligation to pay back amount of Rs. 2,50,000/- with 18% interest from the date of filing of the complaint i.e. from 21-5-1990 till its realisation Mr. Shah states that the aforesaid flat has been sold to Mr. Milind Bhat at higher price. Therefore, he is entitled for the damages to the extent of the escalated price. WE have considered this aspect and we are of the view that the complainant has definitely suffered the loss. As his money has also been locked and, therefore, he is entitled to the damages to the extent of Rs. 2,00,000/-. This amount due to be paid to the complainant shall be paid by the opposite party within a period of three months from the date of this order. In case the aforesaid order is not complied, the amount due shall carry additional interest of 12% p.a. more. The opposite party shall pay cost to tune of Rs. 3,000/- to the appellant.