GULAB H BHAGCHANDANEY Vs. MAHAVIR BUILDERS

JUDGEMENT

(1.) The complainant has filed this complaint against the opponent-builder. The main contention of the complainant is that the opponent-builder had collected lot of money from the prospective flat purchasers. The complainant has also paid Rs.3,55,000/- to the opponent-builder. The opposite party has issued a letter to this effect on 1.4.1996. The complainant has stated that he suspected that the opponent-builder wanted to leave the place and put all the flat purchasers to the loss of substantial amount. He, therefore, pursuaded the opponent-builder for recovery of his share of Rs.3,55,000/-.

(2.) The opponent-builder has submitted his reply to the allegations of the complainant and they have denied all the allegations about fraudulent behaviour. He has also stated that he has already paid Rs.1,80,000/- to the complainant and was ready to pay the remaining amount within a period of one or two years. He stated that due to financial difficulty, he was not in a position to pay the balance amount.

(3.) The opponent-builder was present for hearing only once and subsequently, he made it a practice to remain absent. In view of this it was thought proper to finalise the complaint on the basis of the arguments and submissions of the complainant and the written statement furnished by the opposite party.