PARADISE DEVELOPERS PVT LTD Vs. RAMESH C DUTTA

JUDGEMENT

(1.) The impugned order is an ex parte order. Vide impugned order dated 4.1.2002 the appellant has been directed to refund Rs.63,000 received by it from the respondent towards the allotment of plot measuring 100 sq. mtrs. with interest @ 20% from 1993 to the date of payment of amount and also to pay Rs.10,000 as compensation for mental agony suffered by the respondent and Rs.3,000, towards the cost. It was also directed that the said payment will be paid within 45 days from the date of issue of this order and in default additional interest @ 18% shall be payable by the appellant. Feeling aggrieved the appellant has preferred this appeal.

(2.) The allegations of the respondent giving rise to the aforesaid orders, in brief, are that he applied for allotment of plot measuring 100 sq. mtrs. in the Paradise City Plan in Greater Noida plotted by appellant i. e. , M/s. Paradise Developers Private Ltd. The respondent deposited Rs.25,000 on 25.9.1990 and after the appellant promised to develop the colony in its final shape within a period of 2 years he by January, 1993 paid the entire amount of Rs.63,000. In spite of repeated reminders and even after paying for internal development charges he did not receive any response from the appellant. When the respondent made a complaint in the Connaught Place Police Station against the appellant, he assured to register the plot by May 1999. However, on 28.6.1999 they wrote to the respondent asking it to bring the matter before an Arbitrator. In spite of notice the appellant did not turn up. Hence he was proceeded ex parte.

(3.) The perusal of the order shows that the District Forum relied upon the agreement between the parties wherein it was stated that for any delay after January 1993, the appellant will be liable to pay a penalty and interest of 20% p. a. on the actual amount received by the respondent and on the basis of documents showing the payment of Rs.63,000 the District Forum passed the impugned order.