In view of discussion supra, we find there is no merit in this complaint and accordingly we proceed to dismiss the same with costs of Rs. 20,000/- to be paid by the Complainant to OP2.

The OP2 has taken a clear stand in their written version that OP2 is not required to perform anything except for paying back the amount received from Complainant No.1 and which they are willing to do at any time. A submission of to this effect was also made by Shri Lobo, the lr. advocate appearing on behalf of OP2.

We therefore direct OP2 to refund to the Complainant No.1 by demand draft the sum of Rs. 25,08,600/- plus Rs.4,05,856/-. minus the costs herein imposed drawn in favour of Complainant No.1 in his account in Canara Bank or by any other suitable mode, within a period of 30 days.