LAWS(NCD)-2012-1-25

MEHTA BUILD CON LTD Vs. KANTA RANI

Decided On January 06, 2012
MEHTA BUILD CON. LTD. Appellant
V/S
KANTA RANI Respondents

JUDGEMENT

(1.) This revision petition has been filed by M/s Mehta Build Con. Ltd. who was opposite party No.1. Respondents No.1 & 2 are complainants and respondent No.3 is opposite party No.2 before the District Forum.

(2.) Briefly stated, the opposite parties vide receipts No.661 dated 28.1.2006 and 667 dated 28.1.2006 received Rs.25,000/- from each of the two complainants on account of pre-launch booking for their upcoming project, namely, Crescent Apartment in Kharar, District Mohali. When considerable period had passed but neither any project had been started nor any documents of title were being shown to the complainants, the two complainants filed a joint complaint before the District Forum praying for refund of their deposit and compensation. Reply was filed to the complaint by OP No.1/petitioner who pleaded that it had not received any amount from the complainants and had not issued any receipts in question on account of pre-launch booking as alleged in the complaint. It was further submitted that OP No.1 had no concern with the complainants with reference to the deal/contract, if any, executed between the complainants and OP No.2. Denying other material contentions raised in the complaint, it was pleaded by OP No.1 that there was no deficiency in service on its part and prayed for dismissal of the complaint. OP No.2 could not be served.

(3.) On appraisal of the issues and evidence adduced, the District Forum dismissed the complaint vide its order dated 19.1.2009.