N RAVIKIRAN Vs. S RAMANATHAN

JUDGEMENT

(1.) This is a complaint under Sec.17 read with Sec.12of the Consumer Protection Act.

(2.) The Complainant entered into an agreement with the Opposite Party who is carrying on business in real estate and construction of houses, for the purchase of an extent of 1800 sq. ft. in Survey No.250/2 in Kottivakkam Village at the rate of Rs.1 ,-95,000/- per ground and for construction house therein. The Complainant's relative Miss Saraswathi also entered into a similar agreement with the Opposite Party. The Complainant paid Rs.75,000/- in pursuance of the said agreement. But the Opposite Party did not execute the Deed of Sale in respect of the land, and it was subsequently found-out that the land itself did not belong to the Opposite Party. After several requests the Opposite Party agreed to refund the amounts and a cheque for Rs.1,50,000/- was issued towards the amounts paid by the Complainant and her relation Miss G. Saraswathy. The cheque was however dishonoured and the Complainant has filed a criminal prosecution. This complaint filed for the refund of his amount of Rs.75,000/- with interest at 24% per annum, and for compensation.

(3.) The Opposite Party contented an inter-alia that he had already filed a suit in the City Civil Court, Madras in O. S. No.5222 of 1992 for the issue of the mandatory injunction against the Complainant and his relation G. Saraswathy for the return of the cheque for Rs.1,50,000/- issued by him on the ground that the Complainant and his relation G. Saraswathy committed breach of the agreement and for feited the advances paid by them and that in view of the pendency of the suit, the present complaint based on the same cause of action is not maintainable.