VINAY KUMAR TIWARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners, learned counsel appearing for the State and learned counsel appearing for the opposite party No. 2. This application is directed against the order dated 24.2.2011 passed in Cr. Rev. No. 77 of 2010 whereby and whereunder learned Sessions Judge, East Singhbhum, Jamshedpur affirmed the order dated 16.2.2010 passed in Complaint Case bearing C-1 No. 1612 of 2008 whereby and whereunder prayer for discharge from accusation made by the petitioners was rejected.

(2.) It is the case of the complainant-opposite party No. 2 that petitioner Nos. 1 and 2, the Managing Director and the Executive Director of M/s. Bastu Vihar, Techno Culture Building Centre Pvt. Ltd. approached the complainant and allured him for taking residential house in a building being constructed by them at Beliguma, Police Station M.G.M, Jamshedpur in the name and style of Vastu Vihar Duplex Complex. They represented before the complainant that they will provide duplex measuring an area of 900 sq.ft. with built up area 1285 sq.ft. @ Rs. 645/- per sq. ft. and they further promised that construction would be completed within 15 months. On being allured, the complainant booked a flat and paid 96% of cost plus extra charges coming to Rs. 8,33,672/- but the petitioners failed to construct the house as per design and specification shown to the complainant at the time of entering into agreement.

(3.) Further case is that when the accused persons did not hand over the flat after constructing the same as per design and specification, the complainant filed a consumer case wherein the stand was taken by the accused persons on putting appearance that last installment of Rs. 33, 153/- was supposed to be given by the complainant for the flat having an area of 1285 sq.ft. but the same was never given, though built up area of the flat was never to the extent of 1285 sq.ft., rather it was 1235.74 sq. ft. and thereby a sum of Rs. 33,153/- was never paid by the complainant to the accused persons.