Petitioner. O.p. nos.1 and 2 are present. The consumer complaint is taken up for disposal. Present consumer complaint has been filed by petitioner for refund of Rs.92290/- advanced by the petitioner to the o.p.no.1 in terms of agreement dt.20.6.97 towards consideration money of the flat constructed by the o.p. no.1. Ultimately the project was abandoned and the petitioner thereby approached this forum for refund of the aforesaid money and other consequential relief.

            O.p. no.1 is agreeable to refund the money as per terms of the agreement. Ld. Counsel for o.p. no.2 submits that at the relevant point of time he was an employee of o.p. no.1. Now he has surrendered his service and no longer of employee of o.p. no.1. Therefore he has no liability with regard to the relief as prayed for in this case.  he further submitted that he should be expunged from this case.

            Petitioner came to know about the abandoned of the project on 28.10.06 and thereby by demand notice he demanded refund of the money advanced to the o.p. no.1. O.p. no.1 is agreeable to refund the advanced money by instalment as per agreement. No money has been refunded back by the o.p. no.1 to the petitioner till date nor the o.p. no.1 started repayment of the money advanced as per terms of the agreement which was obligatory on their part.

            In view of the fact o.p. no.1 is directed to refund the money Rs.92,290/- (Rupees ninety two thousand two hundred ninety) only by six instalments with interest @ 9% p.a. till realization from 28.10.06. O.p. no.1 is also directed to pay litigation cost Rs.1000/- (Rupees one thousand) only within two months from date, failing which it will carry an interest @ 8% p.a. till realization.

            Let copy of this order be supplied to the parties free of cost.