RKS CONSTRUCTIONS Vs. M G VIJAYAN

JUDGEMENT

(1.) The complainant entered with the opposite party into an agreement for purchasing a flat of 863 sq. ft. for Rs.7,27,770/- and paid a sum of Rs.25,000/- as advance. On 10.3.1997 the complainant gave a cheque for Rs.2 lakhs. As there was a dispute between the land owner and the opposite party, the complainant cancelled the agreement and demanded refund of Rs.2,25,000/-. The opposite party returned the cheque for Rs.2 lakhs, but did not return the sum of Rs.25,000/- paid as advance. Hence this complaint.

(2.) The opposite party contended that the Forum had no jurisdiction. There was no service rendered by the opposite party. The opposite party had returned the advance of Rs.25,000/-. Hence the opposite party prayed that the complaint may be dismissed.

(3.) The lower Forum accepted the complainant's case and directed the opposite party to return the sum of Rs.25,000/- with interest at 18%. Hence, the appeal.