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D.M.PATNAIK, ARATI MOHANTY, PRAMODNATH DAS
KISHORE KUMAR MISHRA – Appellant
Versus
ANUP DHIR SAMANTA – Respondent


Advocates:
Counsels for the Parties :
For the Appellant :Mr. P.K. Mishra, Advocate.
For the Respondent:Mr. S.N. Das, Advocate.

ORDER

Mr. Justice D.M. Patnaik, President—Both the appeals arise out of the common judgment of the District Forum, Khurda, Bhubansewar. C.D. Appeal No. 270 of 2002 is filed by the complainant who is aggrieved for the District Forum not awarding any interest and compensation on the deposited amount. C.D. Appeal No. 467 of 2002 is filed by the builder challenging the order of the District Forum directing him to pay to the complainant a sum of Rs. 1 lakh with interest at the rate of 12 per cent per annum and a cost of Rs. 500/-.

2. We have heard the learned Counsels for both sides and perused the impugned order. We dispose of the two appeals in the following manner.

Admittedly the complainant paid a sum of Rs. 1 lakh by way of two cheques for allotment of a duplex house situated at Million Paradise, Shailashree Vihar, Bhubaneswar. The complainant however, for personal reasons did not want to go for the house and cancelled the booking and wanted refund. The opposite party refunded the amount by way of two post-dated cheques dated 18.2.2000 and 3.3.2000 for Rs. 50 thousand each. It is also not disputed that the two cheques could not be encashed because the payment was stopped by the dra







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