RKS CONSTRUCTIONS vs M.G. Vijayan

THE complainant entered with the opposite party into an agreement for purchasing a flat of 863 sq. ft. for Rs. 7,27,770/- and paid a sum of Rs. 25,000/- as advance. On 10.3.1997 the complainant gave a cheque for Rs. 2 lakhs. As there was a dispute between the land owner and the opposite party, the complainant cancelled the agreement and demanded refund of Rs. 2,25,000/-. THE opposite party returned the cheque for Rs. 2 lakhs, but did not return the sum of Rs. 25,000/- paid as advance. Hence this complaint.

THE opposite party contended that the Forum had no jurisdiction. THEre was no service rendered by the opposite party. THE opposite party had returned the advance of Rs. 25,000/-. Hence the opposite party prayed that the complaint may be dismissed. The lower Forum accepted the complainant''s case and directed the opposite party to return the sum of Rs. 25,000/- with interest at 18%. Hence, the appeal.

The facts involved in this case are not in dispute excepting as regards the payment of Rs. 25,000/-. According to the opposite party, he has refunded the sum of Rs. 25,000/- whereas the complainant would say that it has not been returned to him. The payment of Rs. 2,25,000/- is admitted. Of the sum of Rs. 2,25,000/-, the payment made by way of cheque in a sum of Rs. 2 lakhs was admittedly returned by the opposite party to the complainant. The opposite party has not produced any record to show that they have returned the advance. In the version it is simply stated that they paid Rs. 25,000/-. As to when it was paid, no details were given. The complainant sent a notice on 18.8.1997 to which a reply has been sent by the opposite party at Ex. A-3. In the reply it is stated that for the return of the amount of Rs. 2,25,000/- the opposite party has obtained receipts. But the receipts are not produced and no reason is given. Therefore, once it is admitted that certain amount of money was received and when it is specifically alleged that it was returned and there are receipts to prove the same, the failure to produce the receipts, would show that the repayment alleged cannot be believed. Therefore, in such circumstances, we have no reasons to differ from the view taken by the lower Forum.

IN the result, this appeal is dismissed with cost of Rs. 250/- confirming the award passed by the lower Forum. Appeal dismissed with costs.