RAJENDRA JAINA Vs. GAJA NAND DERELYA

JUDGEMENT

(1.) The complaint of the appellant seeking compensation on account of deficiency in service on the part of the respondent inasmuch as in not executing the sale deed of a plot in respect of which an advance amount of Rs. 15,000 was paid out of the sale consideration of Rs. 1,51,000, was dismissed vide impugned order dated 15.11.1994 with cost of Rs. 2,000 being a false and vexatious complaint.

(2.) FEELING aggrieved, the appellant has directed this appeal.

(3.) ON 12.4.89, the respondent sent a letter that he would come to Delhi and would execute the necessary papers at Delhi but in spite of various letters and requests, he did not execute the requisite documents in favour of the appellant. However, on making inquiries, the appellant came to know that the respondent had mis -represented that he was the owner of the plot in question as there was no clear title in his favour. The appellant filed a complaint before the District Forum seeking compensation of Rs. 50,000 with 24% interest. The respondent denied having received Rs. 15,000 for providing services and giving access to the plot from the petrol pump side till the metalled road was constructed. However, respondent denied having received a sum of Rs. 15,000 against a receipt for the aforesaid services but according to it, it was sale consideration of the plot in question.