Mr. Justice R.N. Mittal, President — This appeal has been filed by Shri Rajinder Jain, defendant against the order of the District Forum dated 2nd March, 1990/16th March, 1990 directing him to refund Rs. 58,254/- with interest @24% per annum from 1st July, 1988 till the date of payment and also to pay an amount of Rs. 15,000/- as damages to the complainant.

2. Briefly, the facts are that the complainant entered into an agreement to buy an air-conditioned flat known as RAN-114 A @ Rs. l,460/- per square feet with M/s. Raj Sudha Towers (P) Ltd. He paid 95% of the total amount to the Company and had a greed to pay the balance amount as and when it was demanded by them. It is alleged that the defendant did not air-condition the building nor they constructed a revolving restaurant on the top of the building as they had represented, when he purchased the flat. In the circumstances it was prayed that the respondent be directed to pay Rs. 99,500/- as damages. The District Forum passed the order as stated above.

3. It was inter-alia pleaded by the defendant that the complaint was not maintainable against him. It was denied that there was any promise made to build revolving restaurant in