V G P INVESTMENT Vs. EMILY BASTIN

JUDGEMENT

(1.) The complainant had booked a plot with the opposite party in VGP Santhos Nagar and paid a sum of Rs.1,000/-. The complainant issued a cheque for Rs.40,000/- towards the sale amount. The balance to be paid was only Rs.9,400/-. The opposite party issued a receipt for Rs.40,000/- on 3.6.1986. The complainant issued a cheque for Rs.9,400/-. The cheque was dishonoured. The dishonour of the cheque was not informed immediately. The opposite party had issued a receipt for Rs.9,400/-. On 19.9.1986 a bill for plot No.15 was prepared by the opposite party and given to the complainant. But the opposite party had virtually transferred the plot to a stranger. The complainant wrote a letter to the opposite party about her investing Rs.41,000/- in the year 1986. While so, they have sold the said plot No.15 to a thirty party. Thus there was deficiency in service. Hence the complaint.

(2.) The opposite party admitted that the complainant booked a plot viz. , plot No.15 and paid a sum of Rs.1,000/- as advance on 3.4.1986 and a sum of Rs.40,000/- by way of cheque. The other cheque for Rs.9,400/- was dishonoured. The complainant was informed about the same. But the complainant did not take any further step. It is true that the complainant was informed that the said plot No.15 will be sold to the complainant fixing the sale amount at Rs.55,045/-. The purchaser can get the site registered only after paying the entire value after receipt of the bill. The complainant did not evince any interest to make full payment and obtained registration for the sale of the plot. It is not true to say that the plot was transferred to third parties without the consent of the complainant. The complainant is not entitled to get back the amount with interest.

(3.) The lower Forum allowed the complaint directing the opposite party to refund the sum of Rs.41,000/- with interest at 18% from 9.4.1986 till date of payment and cost of Rs.250/-.