GOPI MOHAN NARESH Vs. INNU APARTMENTS KURAVANKONAM

JUDGEMENT

(1.) THE appellant is the complainant and respondents are the opposite parties in OP No. 251/02 on the file of CDRF, Thiruvananthapuram. The complaint therein was filed alleging deficiency in service and unfair trade practice on the part of the opposite parties in not refunding the advance amount of Rs. 25,000 which was paid by the complainant to the opposite parties at the time of booking of the apartment on 2.3.2000. The opposite parties entered appearance and denied the alleged deficiency in service and unfair trade practice.

(2.) BEFORE the Forum below Exts. PI to Pll and Dl to D5 documents were produced and marked. On appreciation of the documentary evidence the Forum below passed the impugned order dated 30 6.2009 directing refund of Rs. 17,730 with interest and cost. The complainant is not satisfied with the amount awarded by the Forum below. Hence the present appeal.

(3.) WE heard both sides. The learned Counsel for the appellant/complainant submitted his arguments based on the grounds urged in the memorandum of the present appeal and argued for he position that there was deficiency in service and unfair trade practice on the part of the respondents /opposite parties due to their failure to refund advance amount of Rs. 25,000. On the other hand, the respondents/opposite parties supported the impugned order passed by the Forum below. They relied on the documentary evidence adduced from their side and submitted that the documents available on record would show that a sum of Rs. 8270.80 spent by the opposite parties in favour of the complainant, thus, the respondents prayed for dismissal of the present appeal.