MURDESHWAR Vs. MAXWORTH ORCHARDS INDIA LTD

JUDGEMENT

(1.) The 2nd and 3rd complainants are respectively the wife and son of the 1st complainant. According to the complainants the opposite party advertised 3 projects of developing and maintaining Orchards. The projects were at Thiruvakkarai, Yadagirigutta in A. P. and Agashi II in Thane, Maharashtra. In respect of all the 3 projects the 1st complainant entered into an agreement with the opposite party. For all the 3 projects he paid totally a sum of Rs.4,58,220 /-. But there was no communication from the opposite party about developing and delivering the Orchards. They had not even executed the sale deed in respect of the land as agreed to. The complainants sent notices to the opposite party but they had no effect. The complainants demanded return of the money since the agreement provides for such return with interest thereon @ 18% p. a. in case the opposite party failed to keep up their part of the agreement. Alleging deficiency in service on the part of the opposite party the complaint has been filed praying that the opposite party may be directed to pay a total sum of Rs.5,17,438/- being the amount of Rs.4,58,220/- paid and interest @ 18% p. a. on that amount till date of filing of the complaint; and thereafter interest @ 18% p. a. till date of actual payment. The complainant further claimed a compensation of Rs.1,00,000/- with interest thereon @ 18% p. a. from the date of complaint to the date of actual payment.

(2.) Notice was issued to the opposite party but they chosen to remain ex-parte. The 1st complainant was examined as PW 1 and he has given evidence substantiating the pleadings in the complaint. From the pleadings and the evidence, we are satisfied that there was deficiency in service on the part of the opposite party as alleged. As per the agreement Ex. A3 they are liable to repay the amount paid by the complainant with interest thereon @ 18% p. a. but the agreement does not provide for payment of any compensation.

(3.) In the result therefore we pass an award directing the opposite party to pay the amount of Rs.5,17,438/- with interest thereon @ 18% p. a. on Rs.4,58,220/- from the date of complaint till date of payment. We also award a sum of Rs.1,000/- as costs of this proceeding. We further order that these amounts shall be paid within 3 months from today.