MUKHTIAR SINGH Vs. S.R. VOHRA

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 06.02.2013 passed by the Maharashtra State Consumer Disputes Redressal Commission (for short 'the State Commission') in FA No. A/08/904, "Mukhtiar Singh versus S.R. Vohra", vide which while dismissing appeal, order dated 23.05.2008 passed by District Consumer Disputes Redressal Forum, allowing the consumer complaint in question was upheld.

(2.) Brief facts of the case are that the complainant Mukhtiar Singh and OP S.R. Vohra both were working in Larsen and Toubro Ltd., Mumbai, when the OP S.R. Vohra collected money from some persons under the pretext of formation of a cooperative housing society in Borivali (West). He proposed a housing society in Goregaon (West) in Feb. 1996 and collected Rs.30,000/- from each member but the project did not materialise, because the selected site was found to be under litigation. An alternative site was proposed in Goregaon (East) in July 1996, but the same was also found under litigation and the deposited amount was returned to the members without interest. In 1997, the OP proposed formation of Luvkush Cooperative Housing Society, B-20, Vijay Nagar C.H.S. Eksar Road, Borivali (West), Mumbai 400092. The complainant paid a sum of Rs.3,18,240/- in four instalments in the year 1997 to the OP S.R. Vohra. However, there was no progress in the matter and the complainant demanded his money back from the OP. The OP gave him a cheque for Rs.2,93,240/- but requested the complainant not to deposit the cheque in bank. Another cheque was given for the same amount a few days later, but the said cheque was dishonoured for want of sufficient balance. It has been stated in the complaint that the complainant had taken the money from his Provident Fund Account and also raised loan for making payment to the OP. The complainant made the following prayer in his complaint:-

(3.) The District Forum vide 23/05/2008 ordered that OP should pay an amount of Rs.3,18,240/- to the complainant alongwith an interest @9% p.a. from 01.07.97 till 30.06.2000 and after that period with interest @6% p.a. and also pay Rs.5,000/- for mental depression and Rs.2,000/- as litigation expenses. An appeal against this order before the State Commission was dismissed on 06.02.2013. It is against this order that the present petition has been made.