LAWS(NCD)-2004-2-168

LAKSHMI REAL ESTATE Vs. P K USHARANI

Decided On February 12, 2004
Lakshmi Real Estate Appellant
V/S
P K Usharani Respondents

JUDGEMENT

(1.) THE complainant lured by the advertisement made by the opposite party offered to buy one of the plots which were held out by the opposite party as belonging to them. Plot No.129 was thus allotted to the complainant for a sale consideration of Rs.35,000/ -. After the payment, the opposite party delayed the registration. In the meantime, the complainant received information from her sister, who was allotted Plot No.126, that the plots are unapproved and hence registration was refused. The complainant thereafter issued legal notice to the opposite party to which the opposite party sent a reply intimating the complainant to have the plot registered on or before 13.7.2002. Immediately the complainant gave rejoinder on 15.7.2002. The opposite party did not comply with the demand. Thus there is deficiency in service. Therefore, the complainant prays for refund of Rs.35,000/ - with interest at 18% along with sum of Rs.15,000/ - as compensation and a cost of Rs.1,000/ -.

(2.) THE opposite party did not appear or contest. As a result after setting the opposite party ex parte, the lower Forum after hearing the complainant and perusing the document exhibited on the side of the complainant ordered the opposite party to refund the sum of Rs.35,000/ - with interest at 18% and a cost of Rs.1,000/ -. Hence, the present appeal.

(3.) THE complainant's case is contended by the opposite party. The opposite party did receive Rs.35,000/ - as sale consideration for the plot No.129. Ex. A1 to Ex. A4 are the receipts for the payment of the said amount. While Ex. A5 is the notice issued by the complainant calling upon the opposite party to obtain No Objection Certificate from the local authorities or in the alternative to refund the sum of Rs.35,000/ -. While it was so the opposite party has sent a letter on 11.17.2002 which is apparently after the receipt of the notice of the complainant stating the complainant has not paid the registration charges and that the complainant must pay the registration charges before 13.7.2002. But the opposite party has not chosen to meet the allegations made in the notice. Therefore, the complainant sent another letter under Ex. A7 to which also there was no reply.