SAHDEO RAM Vs. SUNIL KUMAR

JUDGEMENT

(1.) The complainant/respondent Sunil Kumar entered into an agreement with Housing Cooperative Society for Employees Swawlambi Sahkari Samiti Ltd. (hereinafter referred to as the 'Society'), for purchase of a plot bearing No. 129 measuring 3 Katthas at Chutia in District Ranchi for a total consideration of Rs. 1,05,688.00. He made the payment to the society through its then General Secretary Shri Sahdeo Ram, who is the petitioner before this Commission. However, despite taking payment from him, the society did not deliver the possession of the aforesaid plot to him nor did it execute the title deed of the said plot in his favour. Being aggrieved, the complainant approached the concerned District Forum by way of a complaint, seeking return of the money which he had paid to the society through Shri Sahdeo Ram. The society was impleaded as the sole opposite party in the complaint, through Shri Sahdeo Ram.

(2.) A reply was filed by Shri Sahdeo Ram to the complaint, alleging therein that the complainant was not a consumer and he was no more the General Secretary of the Society. He however, did not deny the receipt of the money from the complainant.

(3.) Vide order dated 24.5.2011, the District Forum directed Sahdeo Ram to pay the principal amount of Rs. 1,05,688.00 to the complainant, along with compensation quantified at Rs. 1,50,000.00 and cost of litigation quantified at Rs. 10,000.00. It was further directed that if the aforesaid payment is not made within sixty days, it shall carry interest @ 18% per annum from the date of the order.