URBAN IMPROVEMENT CO PVT LTD Vs. RAJIV GUPTA

JUDGEMENT

(1.) VIDE impugned order dated 2. 1. 2008, passed by the District Forum, the appellant company has been directed to refund Rs. 2,00,000 to the respondent and also to pay Rs. 50,000 for illegally withholding the security amount and subjecting the respondent to mental agony and undue hardship besides Rs. 1 0,000 as cost of litigation.

(2.) FEELING aggrieved the appellant has preferred this appeal.

(3.) ALLEGATION of the respondent leading to the impugned order in brief were that M/s. Vipul Real Estate P. Ltd. was a broker/agent of the company M/s. Urban Improvement Trust and the respondent approached their office in Faridabad for the purchase of plot No. 1151 B, Green Field Colony. The agent introduced the respondent with the appellant and obtained the agreement. Conveyance deed dated 30. 10. 2003 was prepared. The appellant compelled the respondent to deposit Rs. 2,00,000 as security deposit vide letter dated 22. 9. 2003. The respondent had paid full payment of the plot but still security was taken on the ground that after completing the roof slab they would refund security deposit of Rs. 2,00,000. After the conveyance deed respondent had applied for approval of the site plan for the plot. After completing formalities the plan was approved on 13. 12. 2004. In January 2005, the respondent had started removing the stones from his plot as use of machine for removing the stone was not permitted by the company. However, the respondent completed the roof slab on 10. 10. 2005 and then the respondent approached the appellant to refund the security amount but the same was not refunded.