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B.L.ANAND, AVTAR PENNATHUR, R.N.MITTAL
CHANDRESH KUMAR – Appellant
Versus
SKIPPER INDIA LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Complainant :Mr. S.K. Mishra, Advocate.
For the Respondent:Mr. Sushil Salwan, Advocate.

ORDER

Mr. R.N. Mittal, President—Briefly the facts are that respondent No. 1 made wide publicity of sale of plots in the chema known as ‘Kip or Villa Farms’ located on Surgaon Ohna Road, about 10 KM from Surgaon. Respondent No. 2 is the Managing Director of respondent No. 1. The complainants made an application for purchase of a plot measuring 1.03 acres @ 5.90 lacs per acre in the scheme, and they were allotted a plot marked as E-7 in the scheme. They paid a total sum of Rs. 2,66,438/- to the respondent by mean of account payees cheques/bank drafts or detailed below : —

S. No. Amount Mode of Payment

1. 25,000/- Cheque No. 466288 & 478436 on 26.4.89

2. 1,52,675/- Bank draft No. MTL/008898 dated 11.5.89

3. 88,763/- Bank draft No. 123659 dated 16.6.89


The respondents encashed the cheques/drafts and issued receipts to the complainants.

2. The complainants it is further averred, contacted the respondents various times to transfer the said plot and got the sale-deed registered in their name. In March, 1990 the respondents intimated to the complainants vide letter dated 3.3.90 (exhibit 5) that they would got the sale-deed registered in their name in the end of March’ 90. Inspite of the compla






















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