RAMESH SINGH CHOUHAN Vs. VINCON BUILDERS PVT LTD

JUDGEMENT

(1.) THIS appeal assails the order dated 9.9.2004 of the District Forum passed in Case No. 25/2004 whereby the Forum has dismissed the complaint on the ground that the complainant has not approached the Forum with clean hands and awarded Rs. 4,000 to respondent No. l for mental agony and Rs. 1,000 to respondent as costs.

(2.) FOR the purposes of the decision of this appeal it is not necessary to refer to the facts in detail. It is not disputed that a plot was purchased with promise to construct for a sum of Rs. 4,25,000 but on account of escalation the price of the house increased to Rs. 5,50,000. In addition a sum of Rs. 16,264 was required to be paid for Registration Charges. As this amount was not paid, the possession of the house was not given though letters were issued from time -to -time to the allottee to take possession after clearing the dues.

(3.) THE allottee agreed to pay a sum of Rs. 15,134 towards extra work, sum of Rs. 1,25,000 as the balance amount of Rs. 5,50,000 to which the price was escalated and Rs. 16,264 for the registration charges, thus Rs. 1,56,398.