NIRMAL KUMAR JAIN Vs. MAXWORTH ORCHARDS INDIA LTD

JUDGEMENT

(1.) This complaint has been filed by Dr. Nirmal Kumar Jain and Smt. Abha Jain. The complainants Dr. Nirmal Kumar Jain and Smt. Abha Jain entered into an agreement with the opposite parties pertaining to orchards scheme whereby the opposite parties had agreed to carry out various operations relating to development of orchards and, therefore, the scheduled property was to be handed over in favour of the orchard owner within a stipulated time. Under the agreement the rights of the orchards owner to terminate the agreement in accordance with the procedures was laid down in Clause 26 of the agreement. The complainants paid to the opposite parties the following amounts vide different cheques numbers on different dates, the details of which are given in Schedule below : name of investor and particulars customer Code amount deposited in Rs.1. Dr. N. K. Jain Max Narainpur II nlk 60007 September, 1995 63,650.00 2. Dr. N. K. Jain Max Satrikh nlk 70028 August, 1996 75,050.00 3. Mrs. Abha Jain Max Satrikh nlk 70029 August, 1996 75,050.00 4. Mrs. Abha Jain Max Sohana nlk 70061 December, 1996 85,025.00 5. Dr. N. K. Jain Max Sohana nlk 70062 December, 1996 85,025.00 3,83,800.00

(2.) The complainant thus deposited a sum of Rs.3,83,800/- with the opposite parties out of which a refund of only Rs.10,000/- was made. The opposite parties did not develop the orchards and hand over the orchards to the complainant as stipulated in the agreement entered into between the complainants and the opposite parties and, therefore, in terms of the agreement wanted the refund of the amount. The opposite parties failed to refund the entire amount alongwith interest by 31.7.1998 as per their promise. A legal notice was also served on the opposite parties but no response was received. The complainants have, therefore, filed this complaint before this Commission. The complainants have claimed the principal amount deposited by them on different dates alongwith interest, besides compensation for mental agony and physical harassment. The principal amount claimed is Rs.3,73,800/- alongwith loss of interest which comes to Rs.1,54,849/-, for mental agony Rs.50,000/- for each complainant has been demanded which comes to Rs.1,00,000/-, for physical harrassment an amount of Rs.25,000/- has been claimed, and for legal expenses an amount of Rs.20,000/- has also been claimed.

(3.) In support of the allegations contained in the complaint, the complainants have filed 3 affidavits alongwith the concerned documents.