GAYATRI MITRA Vs. GOPAL K SOOD

JUDGEMENT

(1.) The instant appeal is directed against the order dated 10.1.1994 passed by the Ld. C. D. F. in C. D. F. Case No.4795 of 1991. The Ld. Forum has dismissed the complaint petition inter alia observing that the same is not maintainable before the Consumer Disputes Redressal Forum on the ground that there is a dispute for the settlement of account between the parties and the case is of quasi-criminal and civil in nature. It is also the allegation of opposite parties that the appellant has submitted forged document and if that be so it cannot be entertained before the Forum.

(2.) The case of the appellant is that by virtue of the agreement for sale dated 31.12.1989 she made the payments for a flat in question and she also paid Rs.6,000/- for registration cost and Rs.4,000/- for C. M. C. tax and handed over non-judicial stamp for Rs.7,550/- but the Opposite Parties failed and neglected to register the sale deed in respect of the flat and to refund the balance of excess amount allegedly to pay C. M. C. The appellant further complained that the roof beam of the flat was heavily damaged but the respondents failed to repair the damages in spite of repeated requests. The appellant/complainant further alleged that the said Rs.18,000/- was paid to A. B. Banerjee and Rita Biswas for completion of unfinished work and painting of the flat delivered by the respondents/opposite Parties.

(3.) Accordingly the complainant/appellant prayed for direction upon the Opposite Parties/respondents to register the sale deed to return the excess amount over expenses including the amounts paid for C. M. C. taxes and to pay damages and compensation etc.