Professional Documents
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..1.. Reg.Civil Suit No.78/2021
( Sushil Jadhav & anr. V/s. Laxman Salunkhe )
MHTH120011542021
Presented on : 05.02.2021
Registered on : 05.02.2021
Decided on : 06.05.2022
Duration : 01Y.03M.01D
IN THE COURT OF CIVIL JUDGE (J.D.), VASHI, NAVI
MUMBAI.
AT : C.B.D., BELAPUR, DISTRICTTHANE
( Presided over by Smt.T.M.DeshmukhNaik)
Regular Civil Suit No.78/2021
Exhibit No. 24
1. Mr. Sushi Chandrakant Jadhav,
Age : 33 Years, Occ. : Service,
R/at : Flat No. B101,
1st Floor, Balaji Complex,
Building No.01,
Nandivali Road, Dombivili (E),
Thane – 421201.
2. Mrs. Manda Sushil Jadhav,
Age : 28 Years, Occ. : Housewife,
R/at : Flat No. B101,
1st Floor, Balaji Complex,
Building No.01,
..2.. Reg.Civil Suit No.78/2021
( Sushil Jadhav & anr. V/s. Laxman Salunkhe )
Nandivali Road, Dombivili (E),
Thane – 421201. … Plaintiffs.
V/s.
Mr. Laxman Dnyanoba Salunkhe,
Also Known as Mr. Laxan Dnyanu Salunkhe,
Age : Adult,
Currently R/at : Room No. 08,
Building No. D071,
Shri Saikrupa C.H.S. Ltd.,
Plot No. 283, Sector – 23,
Juinagar, Navi Mumbai – 400705.
Also having address
Flat No. 02, Saraswati C.H.S. Ltd.,
Gat No. 26, Palidevad,
Sukapur, Near Bhagat Wadi (Prem Nagar),
Taluka – Panvel, District – Raigad,
Pin – 401206. … Defendant.
APPEARANCE :
Counsel for Plaintiffs : Adv. Smt. Apeksha A. Pilane.
Counsel for Defendant : In Person.
: J U D G M E N T :
(Delivered on this 06th day of May, 2022)
1. The present suit is filed for recovery of an amount of
Rs.2,00,000/ alongwith compensation of Rs.1,00,000/.
2. Brief facts giving rise to this suit are stated as below :
Plaintiffs were in search of house in Juinagar, Navi
Mumbai. One of the friend of plaintiff Mr. Shankar Mane
introduced defendant to plaintiff and informed that defendant
wants to sell out his flat for total consideration of Rs.35,60,000/.
Accordingly, in the month of May – 2019 Memorandum of
Understanding (MOU) executed between plaintiff and defendant
..3.. Reg.Civil Suit No.78/2021
( Sushil Jadhav & anr. V/s. Laxman Salunkhe )
for total consideration of Rs.35,60,000/. Accordingly, plaintiff
paid some amount. Payment for the flat is described as under in
MOU :
a) Rs. 75,000/ have been paid by way of cheque bearing no.
068281 dated 09.04.2019 of Navi Mumbai Cooperative Bank,
Juinagar Branch, towards Advance / Token Payment.
b) Rs. 25,000/ have been paid by way of Cash on 01.04.2019.
d) A sum of Rs.35,000/ will be paid by way of Cash.
b) Rs. 25,000/ have been paid by way of Cash on 01.04.2019.
c) Rs. 1,00,000/ have been paid by way of Cash on 20.05.2019
through Mr. Suresh Mane on behalf of the Plaintiffs.
..4.. Reg.Civil Suit No.78/2021
( Sushil Jadhav & anr. V/s. Laxman Salunkhe )
4. Accordingly, plaintiffs have mentioned and filed bank
statements of their account in Navi Mumbai Cooperative Bank,
Juinagar Branch. It is stated that, Mr. Shankar Mane , Mr.
Suresh Mane and Mr. Dhanaji Kadam were the witnesses of above
transaction. After the payment of the above mentioned amount of
Rs.2 Lakhs plaintiffs were making arrangement of the remaining
payment but one day all of a sudden, defendant informed the
plaintiffs that he had sold out abovementioned flat i.e. B3/0:4,
Shri. Gajanan C.H.S. Ltd., Plot No. 276, Sector – 23, Juinagar,
Sanpada, Navi Mumbai to another person. Defendant also
informed plaintiff that he is not interested to proceed with the said
transaction of the plaintiff.
5. Thereafter, plaintiffs got shocked due to the decision of
the defendant. However, they requested the defendant to repay
amount of Rs. 2 Lakhs which they had paid as token amount.
However, defendant refused to pay. Hence, plaintiffs had issued
legal demand notice dated 10.09.2020 to the defendant by RPAD.
Inspite of receipt of the notice defendant again failed to repay.
Hence, considering the conduct of defendant to intentionally delay
the repayment, plaintiff had instituted this suit.
1 Whether the plaintiffs prove that they are
entitled for recovery of Rs.2 Lakhs … Partly In the
alongwith compensation of Rs.1 Lakh affirmative.
from the defendant ?
2 What Order and Decree ? … Suit is partly
decreed with
costs.
: R E A S O N S :
Oral evidence of Plaintiff :
Mr. Sushil Chandrakant Jadhav P.W.No.1 examined at Exh.10.
Mrs. Manda Sushil Jadhav P.W.No.2 examined at Exh.11.
Mr. Dhanaji Vitthal Kadam P.W.No.3 examined at Exh.14.
Mr. Shankar Jaywant Mane P.W.No.4 examined at Exh.15.
Mr. Suresh Shankar Mane P.W.No.5 examined at Exh.16.
Documentary evidence :
1. Original copy of MOU,exh.18.
2. Original Bank passbook, exh.19.
3. Original copy of receipt dated 20.05.2019 , exh.20.
4. Notice dated 10.09.2020, exh.21.
5. Original reply dated 25.09.2020, exh.22.
AS TO ISSUE NO.1 :
8. Ld. Counsel for plaintiff submitted that as per the
contention of plaintiffs the evidence has been adduced in oral as
well as documentary form. Their evidence has not been
challenged by defendant though he had appeared before the court.
It is further submitted that after execution of MOU defendant
..6.. Reg.Civil Suit No.78/2021
( Sushil Jadhav & anr. V/s. Laxman Salunkhe )
suddenly changed his mind and therefore, plaintiffs got shocked
and their dream and wish of house at Juinagar has been
collapsed, therefore, they sustained mental injury. After breach of
MOU defendant was duty bound to repay refund of Rs. 2 Lakhs,
however, he failed to do so and thus, plaintiffs sustained double
trauma and therefore, plaintiffs are entitled for compensation.
10. Defendant appeared before the court, however, did not
take efforts to file written statement / say inspite of giving
sufficient opportunity. Thus, the oral and documentary evidence
of plaintiff remained unchallenged and unshaken. Thus, there is
nothing brought on record by defendant to show that he had paid
or refunded the amount received from plaintiff. Hence, it is seen
that plaintiffs have proved their case.
AS TO ISSUE NO.2 :
12. In view of above discussion, I proceed to pass the
following order :
: O R D E R :
1. Suit is partly decreed with costs.
2. Plaintiffs are entitled to recover amount
of Rs.2,00,000/ from the defendant with
interest @ 6% p.a from date of order till
its realization.
3. Defendant is directed to pay
compensation of Rs. 50,000/ after
appeal period is over.
4. A decree be drawn up accordingly.
Digitally signed by
TRUPTI TRUPTI MUKUND
MUKUND DESHMUKH
NAIK
DESHMUKH
Date: 2022.05.31
NAIK 13:25:19 +0530
Vashi. ( T.M.DeshmukhNaik )
Date : 06.05.2022 .
Civil Judge J.D., Vashi