BIRNAL CHOUDHARY Vs. SURENDRA KUMAR GUPTA

JUDGEMENT

(1.) O. P. is the appellant who has preferred the appeal against the order dated 30.11.1995 passed by District Forum, Vaishali at Hazipur in Complaint Case No.22/1995 whereby and whereunder the appellants have been directed to pay Rs.10,000/- to the complainant besides interest @ 18% per annum and also allowed litigation cost of Rs.500/-. This order was passed by two learned members of the Forum. The President of the Forum passed dissenting order.

(2.) The brief fact of the case is that he entered into an agreement with the O. P. (appellant) on 4.2.1991 to the effect that O. P. would sublet one shop with pucca roof of holding No.143 for which the complainant had agreed to pay in all Rs.25,000/-. As first instalment, the complainant paid Rs.10,000/- to the O. P. and the remaining amount was to be paid in two instalment of Rs.7,000/- and 8,000/- respectively. It was also agreed that by date 30.4.1991 the shop shall be handed over to the complainant. It is alleged that by this date the shop could not be constructed because the complainant failed to pay remaining amount of Rs.15,000/- to the O. P. The contention of the complainant was that O. P. failed to execute the agreement; therefore, he should be directed to refund back Rs.10,000/- with interest to the complainant or to hand over the constructed shop to him.

(3.) The O. P. appeared and submitted that the agreement did not come into effect because the complainant did not pay the remaining amount of Rs.15,000/- as unless he pays this amount the shop could not be constructed.