ABRAHAM JOSEPH Vs. K G KRISNASWAMY

JUDGEMENT

(1.) THE opposite party though filed the version did not choose to appear and contest the matter.

(2.) THE complainant s case is that he invested a sum of Rs. 7,17,400/ - with the opposite party in response to their advertisement. The advertisement promised sale and development of land into orchards and agreement was entered between the parties on 9.9.1996. The complainant paid the amount as evidenced by Ex. A2 to Ex. A9. Ex. A11 is the letter sent by the complainant to the Chairman of the opposite party informing that he has invested so much of amount and that except promises, nothing has come up and, therefore, requested the opposite party to inform him about the progress. As on the date of filing of the complaint, the scheme has not taken off. The amount has also not been returned. The only objection stated in the version is that the Act will not apply. But this objection cannot be taken note of in veiw of the decision of the National Commission and the Supreme Court. The fact that the opposite party have not chosen to contest the matter, though they filed the version would show that they have no defence. In paragraph 5 of the version, they have simply stated that they have done their duty, only due to the act of God, the work cannot be executed. If it is so, they ought to have returned the amount. But definitely the act of God had not prevented them from returning the amount. Thus, we find that there is absolutely no merit in this point raised by the opposite party. We hold that there is deficiency in service and the complainant is entitled to the return of the sum of Rs. 7,17,400/ - with interest at 12% per annum from the date of agreement namely from 9.9.1996 till realization. The complainant has claimed a sum of Rs. 50,000/ - as compensation towards deficiency in service, mental agony and loss which we hold as reasonable. We further direct the opposite party to pay Rs. 3,000/ - toward cost.

(3.) IN the result, this complaint is allowed with cost of Rs. 3,000/ -. The opposite party is directed to repay a sum of Rs. 7,17,400/ - with interest at 12% per annum from 9.9.1996 till date of realization along with a sum of Rs. 50,000/ - as compensation towards deficiency in service, mental agony, loss and hardship to the complainant. Time for compliance : Two months.