DEEPMANGAL LAND ORGANISOR Vs. NIRMALABEN NANABHAI VAKIL

JUDGEMENT

(1.) This appeal arises from order dated 13th April, 1998 rendered by the learned Surat District Consumer Disputes Redressal Forum in Case No.255/1996 directing the opponents to pay to the complainant Rs.3,001/- with compound interest @ 12% p. a. from 16th August, 1997 till payment, compensation in the sum of Rs.5,000/- and cost quantified at Rs.1,000/-.

(2.) We have heard Mr. J. N. Talpada, learned Advocate appearing for the appellants (original opponents ). No one has remained present for the complainant (respondent herein ). We have gone through the impugned order.

(3.) It would appear from the facts set out in the impugned order that the complainant had booked one shop in the ground floor portion of the Gala No.9 in the Shivam Chambers Complex being constructed and organized by the opponents. The complainant paid Rs.3,001/- towards the said booking. The price of the shop was fixed at Rs.22,000/-. The opponents were to accept the balance consideration as per the condition set out at the back of the receipt issued by the opponents. However, the opponents did not render service of allotting the shop and they gave evasive and irresponsible reply resulting into filing of the complaint in question praying for compensation in the sum of Rs.75,000/- and cost of the complaint, if possession of the shop is not possible to be given to the complainant by accepting balance consideration of Rs.19,000/-. The complainant also prayed for refund of the deposited amount of Rs.3,001/- with compound interest @ 24% p. a.