Mr. Justice S.A. Kader, President—This is a complaint under Section 17 read with Section 12of the Consumer Protection Act.

2. The Complainant entered into an agreement with the Opposite Party who is carrying on business in real estate and construction of houses, for the purchase of an extent of 1800 sq. ft. in Survey No. 250/2 in Kottivakkam Village at the rate of Rs. 1 ,-95,000/- per ground and for construction house therein. The Complainant's relative Miss Saraswathi also entered into a similar agreement with the Opposite Party. The Complainant paid Rs. 75,000/- in pursuance of the said agreement. But the Opposite Party did not execute the Deed of Sale in respect of the land, and it was subsequently found-out that the land itself did not belong to the Opposite Party. After several requests the Opposite Party agreed to refund the amounts and a cheque for Rs. 1,50,000/- was issued towards the amounts paid by the Complainant and her relation Miss G. Saraswathy. The cheque was however dishonoured and the Complainant has filed a criminal prosecution. This complaint filed for the refund of his amount of Rs. 75,000/- with interest at 24% per annum, and for compensation.

3. The Opposi