RAJENDRA JAINA Vs. GAJA NAND DERELYA

JUDGEMENT

(1.) THE complaint of the appellant seeking compensation on account of deficiency in service on the part of the respondent inasmuch as in not executing the sale deed of a plot in respect of which an advance amount of Rs. 15,000 was paid out of the sale consideration of Rs. 1,51,000, was dismissed vide impugned order dated 15.11.1994 with cost of Rs. 2,000 being a false and vexatious complaint.

(2.) FEELING aggrieved, the appellant has directed this appeal.

(3.) THE relevant facts in brief are that the respondent approached the appellant at Delhi on 10.4.1989, representing that he was the owner of plot of land measuring approximately 833 sq. yds. (75 ft. x 100 ft) situated at Sidhartha Nagar, behind Derolya Petrol Pump. Nindaun Nidauti Road, Sri Mahavirji, Distt. Sawai Madhopur, Rajasthan and that there was Government proposal to construct a Pucca Metalled Road of 24 ft. width adjacent to the said plot which would give a direct access to the said plot. He further mentioned that till such time the metalled road was constructed, the respondent would give 12 ft. wide independent approach to the plot through the petrol pump side. The sale consideration of the plot agreed at was Rs. 1,51,000 and out of the said amount, the appellant had paid Rs. 15,000 as advance through Bank Draft for availing aforesaid service.