As evidence of plaintiff remained unrebutted, case decreed in his favor.

Facts in Brief:

1. Defendant is a limited Company engaged in the business of construction and developments of Group Housing, Township Development etc in various parts of India.

2. Plaintiff contacted defendant's office for booking a plot measuring 100 sq yards in said scheme.

3. Defendant accepted the registration form for allotment of plot and issued a receipt.

4. Plaintiff claimed refund due to reasons.

5. Defendant assured to the plaintiff that after the calculation of deposited money, the entire amount i.e principal amount and interest accrued would be paid to him by way of cheque as refund.

6. On anon reply to legal notices, Plaintiff instituted present suit for a sum of Rs2,71,000/­ together with interest @ Rs 9% p.m in the sum of Rs 1,07,000/­ for the period to the institution of the suit i.e. for recovery of the total sum of Rs3,78,000/­ against the defendant.

Court held as under,

7. Entire evidence of plaintiff remains unrebutted and there is no reason to disbelieve the ex­parte evidence of plaintiff. Therefore, the suit of plaintiff against the defendant is thus decreed for the recovery of amount of Rs 3,78,000/­ against the defendant alongwith pendentalite and future interest @ 9% per annum from the filing of the suit till the date of realization of the suit amount alongwith cost of the suit. Decree sheet be prepared accordingly. 

Case Reference- Sh Naresh Kumar vs Arun Dev Builders Ltd

IN THE COURT OF SH R.L. MEENA ADDL. DISTRICT JUDGE­02:

SOUTH­WEST DISTRICT: DWARKA COURTS:NEW DELHI