ccPBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

                                            Dated this the 18^th day of May 2013.

                                                                                 Filed on : 24/12/2012

Present :

          Shri. A  Rajesh,                                                     President.

C.C. No. 807/2012

     Between

Antony P.A.,                                              :        Complainant

Pallath house, Cochin Corporation,                 (Party-in-person)

Door No. 41/1326,

Palarivattom P.O.,

Ernakulam-682 025.

                                                And

Worldword Resorts and Entertainment   :        Opposite party

India Pvt. Ltd., Corporation Identity                            (Absent)

No. U55100KL2010PTC026333,

Regd. Office at Cochin Corporation

Door No. 1577A, Ward No. 47,

Thuruthiyil Building,Geethanjali

Road,NH Bypass,Vytila P.O.,

Pin-682 019

                                          O R D E R

A  Rajesh, President.

          The undisputed facts of the complainant’s case are as follows:

          The complainant paid a sum of Rs. 3,60,000/- to the opposite party for the registration of land and construction advance of a cottage in the project of the opposite party by name Misty village at Kanthalloor.  Later the complainant came to know that the opposite party was not ready to register the land in favour of the complainant and also was not ready to execute an agreement for construction of the cottage.  After several discussions the opposite party agreed to cancel the booking for the plot and cottage and refund the amount in 3 instalments.  Accordingly the opposite party issued 3 cheques to the tune of Rs. 1,20,000/- each in favour of the complainant dated 12/11/2012, 12/12/2012 and 12/01/2013.  The 1^st  two cheques were dishonoured due to  insufficiency of fund in the  account  of the opposite party.  Thus the complainant is before us seeking direction against the opposite party to refund the amount of Rs. 3,60,000/- with interest from 21-04-2012 together with a compensation of Rs. 10,000/-.  This complaint hence.

          2.  The  opposite party duly accepted the notice of this complaint issued from this Forum but they opted to remain absent during the proceedings for their own reasons.  No oral evidence was adduced by the complainant.  Exts. A1 to A3 were marked.  Heard the complainant  who appeared in person.

          3. The  points that arose for consideration are as follows.

          i. Whether the complainant is entitled to get refund of the

             amount paid to the opposite party with interest?

          ii. Whether the complainant is entitled to get a compensation of  

             Rs. 10,000/-  towards mental agony?

          4. Point No. i.   Ext. A1 receipt dated 21-04-2012 would show that the opposite party received a sum of Rs. 3,60,000/- from the complainant towards payment against on registration of land of  cottage No. 3J of Misty Village Project at Kanthalloor.  According to the complainant after discussions with the opposite party the opposite party agreed to cancel the booking and to refund the money.  Thereafter the opposite party issued Ext. A2 series cheques 3 numbers in favour of the complainant  to the tune of Rs. 1,20,000/- each dated  12/11/2012, 12/12/2012 and 12/01/2013 respectively.   The  cheque return memos appended to Ext. A2 series go to show that Ext. A2 cheques were dishonoured for the reason insufficient funds in the account of the opposite party which means the said amount is still due to the complainant.  The opposite party is contractually and legally liable to refund the amount as per Ext. A1 with interest  @ 12%  p.a.

          5. Point No. ii.  At the out set the opposite party agreed to refund the amount and issued Ext. A2 cheques.  Admittedly the cheques were dishonoured for insufficiency of fund in the account of the opposite party.   The above conduct of the opposite party amounts to deficiency in service on their part which calls for compensation. We allow the same.

          6.  In the result, the complaint is allowed and the opposite party is directed as follows:

          i. The opposite party shall refund Rs. 3,60,000/- to the complainant with interest @ 12% p.a. from 21-04-2012 till realization.

          ii. The  opposite party shall also pay Rs. 10,000/- to the complainant towards compensation for the reasons stated above.

The above said order shall be complied with within a period of thirty days  from the date of receipt of a copy of the order.            

                    Pronounced in the open Forum on this the 18^th day of May 2013.  

Sd/- A  Rajesh, President.

Forwarded/By Order,

Senior Superintendent.

                                          Appendix

Complainant’s exhibits :

                             Ext.   A1               :         Copy of cash receipt

                                                                 dt. 21/04/2012

                                      A2              :         Copy of details of cheque

                                      A3              :         Copy of cheque receipts

                                      A4              :         Copy of encumbrance certificate

                                                                 of the project land.                  

 Opposite party’s Exhibits :        :         Nil