CHANDRESH KUMAR Vs. SKIPPER INDIA LTD

JUDGEMENT

(1.) Briefly the facts are that respondent No.1 made wide publicity of sale of plots in the chema known as 'kip or Villa Farms' located on Surgaon Ohna Road, about 10 KM from Surgaon. Respondent No.2 is the Managing Director of respondent No.1. The complainants made an application for purchase of a plot measuring 1.03 acres @ 5.90 lacs per acre in the scheme, and they were allotted a plot marked as E-7 in the scheme. They paid a total sum of Rs.2,66,438/- to the respondent by mean of account payees cheques/bank drafts or detailed below : - S. No. Amount Mode of Payment 1.25,000/- Cheque No.466288 & 478436 on 26.4.89 2.1,52,675/- Bank draft No. MTL/008898 dated 11.5.89 3.88,763/- Bank draft No.123659 dated 16.6.89 The respondents encashed the cheques/drafts and issued receipts to the complainants.

(2.) The complainants it is further averred, contacted the respondents various times to transfer the said plot and got the sale-deed registered in their name. In March, 1990 the respondents intimated to the complainants vide letter dated 3.3.90 (exhibit 5) that they would got the sale-deed registered in their name in the end of March' 90. Inspite of the complainants request the plot was not transferred in their name. Later the respondents informed them that the registration of the sale-deed would be affected in their name by 10.5.90 but it was not done. They again contested the respondents on 8.6.90 and 11.6.90, who assured them that the sale-deed would be got registered in the first week of July '90. Seeing that they were delaying the execution of the sale-deed without any reason the complainants wrote a letter dated 20.6.90 requesting them to refund the amount of rupees 2,66,438/- (exhibit 'c') together with interest @ 18% p. a. immediately. The respondents replied their letter vide letter dated 18.7.90. (exhibit-7) and informed them that they were ready to offer another plot of one acre provided they further deposited Rs.1,33,762/-.

(3.) The complainant requested the respondents to show the plot but they did not show the plot to them or their attorney. Sh. Virender Kumar, their attorney, wrote a registered letter dated 3.8.90 (exhibit 8) to the respondents stating that he came to know from Mr. Goyal of their office, that they had unilaterly changed the plot X-7 to E-7a. Thereafter the respondents had offered them another plot stating that it would be shown to them by Sh. M. Srivastava. He had been telephoning to Sh. Srivastava and even saw him but no response came from him.