A.K.ANNAMALAI, J. - (1.) 1st opposite party is the appellant.
(2.) Complainant filed a complaint against the opposite parties 1 and 2 praying for direction to pay Rs.1,89,500/- towards amount received from complainant to refund a sum of Rs.6,300/- to pay compensation for mental agony Rs.50,000/- and for costs.
(3.) The 1st opposite party is the proprietor of Saravana Service Centre carrying business of selling cooker, grinder, mixie etc., and doing real estate business along with 2ndopposite party. Complainant paid Rs.1,89,340/- towards the purchase of a flat and also for the two numbers of wet grinder and VCD (MP3) for which she has paid Rs.5,000/- and Rs.1,300/- respectively. When the complainant demanded for execution of sale deed opposite party repaid Rs.1,50,000/- leaving a balance of Rs.34,750/- and that amount was paid from the chit amount of Rs.1,00,000/- of the opposite parties for which the complainant stood as a surety and to repay at the rate of Rs.3,000/- per month in 39 instalments. The opposite parties also taken back MP3 VCD and also taken back one wet grinder and thereby defaulted in payment and the cheque issued for payment of Rs.34,750/- was also returned when sent for collection for want of funds. Hence the complainant claiming payment of Rs.1,89,500/- as compensation.;