AAR PEE APARTMENTS PVT LTD Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) This appeal has been filed by M/s. Aar Pee Apartments Pvt. Ltd. , against the order of District Forum dated 28.10.91 by which a decree for Rs.8,900/- with interest @ 15% w. e. f.28.4.89 till date of payment, has been passed against them.

(2.) Briefly the facts are that the appellant is a builder. The complainant booked a shop with the appellant in a complex called "jaina Tower III" proposed to be built by the appellant for a consideration of Rs.59,334/- and paid an amount of Rs.8,900/- towards part payment of the price. It is alleged that the appellant did not get the plan sanctioned and therefore, the question of constructing the building did not arise and thus, she became suspicious about their creditability. They. it is aleged, even could not give satisfactory explanation of delay in starting the construction. Cosequently she filed a complaint for the recovery of Rs.8,900/- with interest.

(3.) The complaint was contested by the appellant. It was inter-alia pleaded by them that the Forum had no jurisdiction to entertain the complaint and that they were not liable to refund the amount in terms of the agreement.