SUNDER KASHYAP Vs. N PALTA

JUDGEMENT

(1.) THIS appeal has arisen out of the Order dated 29th of October, 1993 of the State Commission, Delhi allowing the complaint and directing the Opposite Party, appellant herein, to pay an amount of Rs 90,000/- with interest at the rate of 18 per cent per annum from 30th April, 1992 till the dated! payment along with Rs. 10,000/- within a period of three months and costs of Rs. 2,000/-.

(2.) THE complainant alleged, inter alia, that he approached the appellant who is a property! dealer, for locating a potential seller and foil the purchase of a flat in Vasant Kunj. In duel course, a flat bearing No. 4314, first Floor, Sector-8, Pockets 5 and 6, Vasant Kunj in New Delhi I was shown to the Complainant as available foil sale. The price settled was Rs. 10.25 lakhs. The! Complainant paid to the appellant an advance of Rs. 90,000/-against receipt dated 30th April, 1992 for payment to the owner and the balance was to be paid within 30 days on the payment of which the vacant possession of the flat was to be; handed over. The appellant, it is averred, had offered his services for consideration for locating and then arranging the purchase of the flat ail Vasant Kunj, but, the appellant failed to render and perform the. services as promised, as at. result the complaint was filed as Opposite Party neither completed the deal nor refunded the amount.

(3.) THE State Commission, Delhi in the order under appeal came to the conclusion that the services rendered by the property dealer falls within the definition of "service" as the Complainant hired the services of the Opposite Party for consideration. After evaluating the material on record, the State Commission came to the conclusion that the Complainant had proved the payment of Rs. 90,000/- to the Opposite Party and thus the Complainant is entitled to its refund together with interest at 18 per cent per annum with effect from 30th April, 1992, Taking into consideration the facts of the case, the State Commission granted a sum of Rs. 10,000/- as damages for harassment and mental pain and suffering to the Complainant.