MERIT MAGNUM CONSTRUCTION AND ORS. Vs. BHAGWAN PANDEY

JUDGEMENT

(1.) This appeal is directed against the order passed by the District Consumer Disputes Redressal Commission, Thane allowing the consumer complaint and directing the opponent builder to receive balance consideration and execute sale deed in respect of flat No. 505 and 506 in favour of the complainant. The District Forum also directed the appellant to pay interest @6% p.a. on Rs. 7,00,000/ - received by the appellant from 06/11/2009 till the date of execution of sale deed. Facts which are material for deciding this appeal are as under -

(2.) Opponent filed written version stating that the complainant had deposited only Rs. 3,52,000/ - each towards two flats booked which was 13% and 13.7% respectively of the total cost of the two flats. Opponent asked the complainant to deposit at least 15% of the cost. This was not done by the complainant. Complainant had agreed to drop purchase flat No. 506. Though the appellant agreed to execute the agreement in respect of flat No. 505, the complainant turned around and claimed both the flats. Appellant claims to have demanded balance amount, but the complainant did not pay the balance and therefore appellant cancelled the booking of two flats. Appellant, therefore, prayed for dismissal of the complaint.

(3.) After considering rival contentions. District Forum passed impugned order. Aggrieved thereby, the appellant is before us.