ANIRUDH THAREJA Vs. K K VEDI

JUDGEMENT

(1.) The present appeal, filed by the appellant, under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is directed against order dated 11.1.2000, passed by District Forum No. III in Complaint Case No.726/99, entitled Sh. Anirudh Thareja V/s. K. K. Vedi, President, M/s. Nutan Arya Wart Coop. Group Housing Society Ltd.

(2.) The facts, relevant for the disposal of the present appeal, briefly stated are that the appellant had filed a complaint under Sec.12 of the Act before the District Forum, averring that the appellant got himself enrolled as a member of the respondent society and paid a sum of Rs.1,15,110/- on 27.2.1997 for a flat which was to be constructed by the respondent society. It was averred by the appellant in the complaint filed by him that the respondent society had assured the appellant that the appellant would get the flat within a period of three to six months. It was alleged that the respondent society failed to honour its commitment and even the construction work was not commenced by the society. It was stated in the complaint by the appellant that the appellant resigned from the membership of the society and the respondent society thereafter refunded a sum of Rs.1,14,000/- to the appellant on 10.11.1998. The grievance of the appellant in the complaint before the District Forum was that the appellant had to suffer great hardship and the appellant claimed interest on Rs.1,15,110/- from 27.2.1997 to 10.11.1998, a sum of Rs.50,000/- on account of escalation in the price of the flat and further a sum of Rs.25,000/- on account of mental agony.

(3.) The claim of the appellant, in the District Forum, was contested by the respondent society who filed a written statement. The stand, taken by the respondent society, in the written version, before the District Forum, was that the appellant was enrolled as a member of the society and he paid a sum of Rs.1,15,110/- on 27.2.1997. The allegation that the respondent society promised that the flat would be made available within three to six months was specifically denied. It was contended that on 10.11.1998, the appellant submitted an application stating therein that he was resigning from the society of his on accord. It was stated that on appellant's resigning from the membership of the society, a sum of Rs.1,14,000/- after deducting the administrative charges, as per rules, had been refunded to him and the appellant has signed vouchers in full and final settlement of all dues.