SHASHI KIRAN RATTAN Vs. SWASTIK CONSTRUCTION

JUDGEMENT

(1.) This appeal is directed against the order of the State Consumer Disputes Redressal Commission, U.T. Chandigarh. The facts of the case out of which this appeal has arisen, may be summarized as under.

(2.) The complainants deposited a sum of Rs. 10,000/- by means of cheque dated 6.2.1986 with the respondent for purchase of built up house for Rs. 2.95 lacs. The total price was to be paid in instalments. The respondent further demanded a sum of Rs. 65,000/- which was deposited on 28th March, 1988. The other two instalments were paid on 5.11.1988 and 23.5.1989 in the sum of Rs. 36,666/- each and in all a sum of Rs. 1,48,332/- was deposited by 23.5.1989. The case of the complainant was that despite having paid the amount the respondent cancelled the allotment by letter dated 18.6.1990 on the plea that the third instalment which was due on 11th September, 1989 was not received. Thereafter, the complainants sent a draft of Rs. 68,000/- on 23rd September, 1991, but it was not accepted by the respondent. The complainant sought direction to the respondent for possession of a flat No. 7 or any other house of the same size; compensation in the sum of Rs. 4.00 lakhs and refund of the entire deposit together with 24% interest.

(3.) The complaint was contested on behalf of the respondent. The pleas taken were that the complaint was not maintainable under the Consumer Protection Act. The allotment was cancelled on account of non-payment of instalments which were due from the complainants, since long and they violated the terms and conditions of the allotment. The flat in question had been allotted to some other eligible person and the complaint had become infructuous.