MANSUKHBHAI GANDABHAI PATEL Vs. JAGDISHBHAI MAVJIBHAI PATEL

JUDGEMENT

(1.) This appeal arises from order dated 26th December, 2002 rendered by the learned Ahmedabad Rural Consumer Disputes Redressal Forum in Complaint No.52/2001 relegating the complainant to his remedy before a Civil Court while deciding that the time taken in proceeding with the complaint before the learned Forum would be given set-off while computing the period of limitation in the proposed civil proceedings.

(2.) It was the case of the complainant that the complainant purchased a tenement in question for the consideration of Rs.1,54,000/-. He was informed that initially he would have to pay Rs.25,000/-. He, therefore, paid Rs.1,000/- on 14.3.1999 and Rs.10,000/- on 21.3.1999 at the time of booking of the tenement in question and balance consideration of Rs.1,45,000/- was paid from time-to-time as alleged in the complaint. It was the case of the complainant before the learned Forum that the payments were to be made by the complainant to the opponent without receipts being issued by the opponents on the assurance that a note would be made in a diary with regard to the payments to be made from time-to-time and made from time-to-time.

(3.) The opponent resisted the complaint inter alia on the ground that the complainant became member of the society by making initial payment of Rs.10,000/- and the tenement was given for residence on account of urgency of the complainant who was acquainted with concerned opponent. However, as the complainant needed money the opponent had given advance of Rs.98,000/- for a period of 2 months. Complainant gave cheque in repayment of that amount. Upon presentation of the cheque the same bounced back resulting into the opponent filing a criminal complaint under Sec.138 of Negotiable Instruments Act before the concerned Court of Magistrate and that complaint is pending for adjudication. Number of cases have been filed before the parties in respect of the alleged transactions which were entered into between the parties on account of relations between them. Upon appreciation of the material that was placed before the learned Forum, learned Forum came to the conclusion that highly disputed questions of facts with regard to payment of consideration on various terms and conditions alleged agreements entered into between the parties, over and above number of proceedings which have been undertaken between the parties would arise in the matter. The learned Forum, therefore, passed the impugned order relegating the complainant his remedy before the Civil Court.