A-1166/2024

13-6-2024

ORDER ON ADMISSION

BY SRI RAVI SHANKAR, JUDICIAL MEMBER

Heard from appellant.

2. The complainant submits that, he had entered into agreement to purchase a flat and paid an amount of Rs.1,00,000/- through cheque to the respondent as an advance. Subsequently he cancelled the idea of purchase and sought for refund. The District Commission after trial allowed the complaint and directed the respondent to pay Rs.1,00,000/- along with compensation and litigation cost. In fact the complainant had paid an amount of Rs.2,00,000/- apart from the above said amount. The respondents are liable to pay Rs.3,00,000/- but the District Commission failed to appreciate the affidavit sworn at the time of trial and only allowed the complaint by directing the respondents to pay only Rs.1,00,000/-. The order passed by the District Commission is not in accordance with law. The Opposite Parties/Respondents are liable to pay Rs.3,00,000/- as they have received the said amount as an advance. Hence prays to modify the order passed by the District Commission and direction be given to refund of the advance amount of Rs.3,00,000/- instead of Rs.1,00,000/- and also enhance the compensation awarded, in the interest of justice and equity.

3. Heard on admission

4. On perusal of the certified copy of the order and memorandum of appeal, the District Commission after trial had noticed that the complainant had not produced any materials to show that he had paid additional Rs.2,00,000/- as an advance to the Opposite Parties/Respondents. The Complainant had only produced materials to show he had paid Rs.1,00,000/- and the same was directed to refund by the respondents. When there is no materials produced by this appellant to establish he had paid additional Rs.2,00,000/- as an advance towards purchase of the flat. The District Commission cannot allow the complaint merely basing on the pleadings as prayed by the complainant.

5. The District Commission appreciated the materials produced by the complainant and allowed the complaint.  No interference is required. At the same time the complainant had not established with a proof that he had paid additional amount of Rs.2,00,000/-. As such no grounds made out in the appeal and the order passed by the District Commission is confirmed. Accordingly, we proceed to pass the following:  

O R D E R

The appeal is hereby dismissed.  No order as to cost.

The impugned order 29-12-2023 passed by the 3^rd Addl. District Consumer Disputes Redressal Commission, Bengaluru in CC.No.828/2016 is confirmed.

Send a copy of this order to both parties as well as concerned District Consumer Commission.

Member                                    Judicial Member