ORDER PER SHRI P.N.KASHALKAR, PRESIDING JUDICIAL MEMBER. 1. This is an appeal filed by the original opposite party against whom award has been pass by the District Forum, Pune in Complaint No.277/2004 decided on 24/5/2010. While partly allowing the complaint, Forum directed the opposite party the appellant herein to pay to complainant the respondent herein amount of Rs.12,60,000/- together with an amount of Rs.18,800/- together with past and future interest at 10% p.a. from 20/06/2000 and from 05/04/2004 respectively till realization, jointly and severally within a period of two months from the date of receipt of the copy of the order. As such original opposite parties have filed this appeal taking strong exception to the order passed by the District Forum. Facts to the extent material to dispose of this appeal may be stated as under. 2. The complainants are the NRI. They wanted to settle in Pune post retirement. They were therefore searching for suitable plot in an around Pune. They came in contact with the opposite party No.1 company. The opposite party No.2 induced them to believe that the plot bearing S.No.87-A-3 situated at Aundh, Pune is likely to be developed by its owner. That survey number is owned by M/s Walchandnagar Industries Ltd. There were couple of meetings between the complainants and the opposite party No.2. The opposite party No.1 assured the complainants that they could purchase a one plot bearing No.87 after the same is developed by the company. The complainants were induced to believe that in the event the said plot of land could not be developed the amount deposited by them shall be refunded to the complainants with an interest as per the rate available for FDR. Believing on representation made by the opposite parties, the complainants had made payment of Rs.12,60,000/- on 20/6/2000 and opposite parties also issued the receipt for the same. However, it is found that there was no progress in the matter, in the month of April 2003 the opposite party No.3 had demanded an amount of rs.1,68,700/- for stamp duty and an amount of Rs.18,800/- in cash for registration charges. On 5/4/2003 the complainants issued pay order in favour of the Registrar of Assurances, Pune and handed it over to the opposite party No.2. It was eventually revalidated on 4/10/2003. The complainant No.2 believing on the representation made by the opposite party No.2 had made payment of Rs.18,800/- in cash for registration charges. However, it appears that, the said plot was neither developed nor could be developed and nor handed over to the complainants. Complainants found that, they were cheated by the appellant. Therefore, they called upon opposite parties to refund moneys which they had paid to opposite parties with interest as agreed. However, the opposite parties had not paid the amount as per demand and hence the complainants filed the complaint alleging the deficiency in service on the part of opposite parties. 3. Opposite parties in their written statement have contended that there is no privity of contract between the opponent No.3 on the one hand and the complainants on the other. The opposite party No.1 admitted that, opposite party No.2 and 3 are husband and wife and they established a company dealing with business of consultation either for purchase or for sale in real estate. It also admitted by the opposite party No.1 and 2 that they received the payment of Rs.12,60,000/- from the complainants. The opposite parties also did not dispute that in the month of April 2004 they received payment of Rs.18,800/- for registration charges. 4. The Forum below considering the affidavits and documents placed on records observed It observed that opposite parties had offered the complainant to return the amount with interest during the pendancy of the complaint before the Forum, but it was rejected by the complainants themselves and ultimately the Forum allowed the complaint partly and directed the appellant to refund the amount of Rs.12,60,000/- and also amount of Rs.18,800/- with interest @ of 10% p.a. from 20/6/2000 and 5/4/2004 respectively till realization. As such opposite parties have filed this appeal. 5. We find that, there is absolutely no merit in the appeal. The fact is that, the respondent herein wanted a plot in Pune. The appellant herein induced them to believe that the plot bearing S.No.87-A-3 situated at Aundh, Pune is likely to be developed by its owner and in the event the said plot of land could not be developed the amount deposited by them would be refunded to the complainants with an interest as per the rate available for FDR. On this assurance complainants made payment of Rs.12,60,000/- on 20/6/2000. In the month of April 2003 the opposite party No.3 had demanded an amount of Rs.1,68,700/- for stamp duty and an amount of Rs.18,800/- in cash for registration charges, which was also paid by the complainant to opposite parties. However, the sold plot was neither developed nor sale deed of the said plot infavour of the complainants could be executed. Complainants found that, they were cheated by the appellant. Therefore the complainants filed the complaint before the Forum and Forum rightly turned down defense raised by the opposite parties and held that the opposite parties were guilty of deficiency in service qua the complainant. The Forum below noted that the complainant paid Rs.12,60,000/- to opposite party in the year 2000 and also amount of Rs.18800/- was deposited by the complainant for registration charges. The Forum below thus clearly held that there is a deficiency in service on the part of opposite parties and therefore the Forum below was pleased to pass award, allowing the complaint. 6. We are finding no substance in the appeal. Appellants have grabed the amount of Rs.12,60,000/- and Rs.18,800/- and they had not given plot by executing sale deed in favour of the complainants. In such circumstances award passed by the Forum is appearing to be just and proper. No interference is called for in the said award. Hence we pass the following order. ORDER 1. Appeal is dismissed. 2. No order as to costs. 3. Copies of the order be furnished to the parties.
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