JAINA PROPERTIES Vs. RISAL KAUR

JUDGEMENT

(1.) The opposite party has filed an appeal against the order of the District Forum dated 28.11.91 by which it directed them to refund the amount of Rs.99,703.85 deposited by the complainant for the purchase of a flat, alongwith interest @ 18% p. a. w. e. f.11.12.85 till the date of payment.

(2.) At the time of preliminary hearing a contention was raised before us that the building has already been completed by the appellant. The complainant was directed to place on the record the certificate of completion of the building vide order dated 15.1.92 and the case was adjourned to 4.2.92. On 4.2.92 Mr. Mehta, learned Counsel for the appellant, appeared before us and requested for 2 weeks time more to do the needful. His request was acceded to and the case was adjourned to 21.2.92. On 21.2.92 again a request was made by Mr. S. K. Paul, Agent for adjournment for the same purpose. The appeal was adjourned to 28.2.92, Mr. S. K. Paul Agent, appeared before us and requested for one more adjournment. At his request the case was adjourned to 12.3.92. It was specifically mentioned in the order that in case the Advocate was unable to appear, one of the Director of the company should produce the certificate before us.

(3.) On 12.3.92 Mr. Kaushal Mehra, Agent of the appellant appeared before us, but he did not produce the certificate. On that dale neither Mr. Mehta nor the Director of the Company appeared before us. In the circumstances we dismissed the appeal for non-prosecution.