LAWS(NCD)-1996-3-62

VED PARKASH Vs. KRISHNA KHURANA

Decided On March 14, 1996
VED PARKASH Appellant
V/S
KRISHNA KHURANA Respondents

JUDGEMENT

(1.) In this appeal order dated 24th of November, 1994 passed by the learned District Forum, Hisar has been challenged by one Ved Parkash on the ground that he was neither an office bearer of the Society nor a developer or dealer in housing plots and since he had only purchased a plot from the Society and sold the same to respondent No.1, he could not be subjected to the consumer jurisdiction.

(2.) Complainant Smt. Krishna Khurana had purchased the residential plot of 295 square yards on 1st of October, 1992 from the appellant Ved Parkash. He issued allotment order to her on 28th of October, 1992 and enrolled the complainant as a member of the Hisar Dipesh Co-operative Housing Society. Though the complainant had deposited the amount of Rs.82,600/-, yet the possession of the developed plot was not delivered to her, she approached the District Forum, Hisar for the delivery of possession of the developed plot or in the alternative for the refund of the amount deposited by her with costs and suitable compensation.

(3.) Ved Parkash in his reply admitted the claim as also issuance of the allotment letter and the payment of Rs.82,600/-, but he however denied his liability to refund the amount. Learned District Forum finding merit in the complaint allowed the same and directed the opposite party, i. e. , Ved Parkash, appellant in the present appeal and Smt. Krishna Sharma the then President of the Society, to refund the amount of Rs.82,600/- with interest @ 18% per annum.