SAGHAR AHSAN Vs. ALICE LONAPPAN & ORS

JUDGEMENT

(1.) - The appeal is directed against the judgment and order dated 24.12.2000 passed by the South 24 Parganas District Consumer Disputes Redressal Forum in D.F. Case No. 59 of 2000 under which the Forum allowed the complaint in part on contest with cost of Rs. 500 and directed the O.P. No. 1 to refund the amount already taken by them from the complainant amounting to Rs. 2,20,000 together with interest @ 12% p.a. from the date of receipt of the money by the O.P. No. 1 till the date of payment.

(2.) BEING aggrieved by that order the O.Ps., namely, Saghar Ahsan has preferred this appeal challenging that order as erroneous, illegal and unsustainable and praying for an order setting aside the same.

(3.) THE case of the complainant (present respondents, Smt. Alice Lonappan and others) was that he entered into an agreement with the O.Ps. on the terms and conditions that on payment on the consideration money of Rs. 14,06,250, the O.Ps. were to deliver them a new and vacant flat as described in the schedule of agreement. Accordingly, the complainant paid Earnest Money of Rs. 2,20,000 to the O.Ps. But inspite of waiting for more than the stipulated period, he did not get delivery of any such flat and then he repeatedly requested the O.Ps. to observe the terms and conditions of the agreement strictly, but all in vain. Then he filed the case before the District Consumer Forum.