VIKAS B PATHARKAR Vs. ADITYA

JUDGEMENT

(1.) In this appeal, there is challenge to order dated 18.08.2011, passed by State Consumer Disputes Redresdsal Commission, Mumbai ( for short as State Commission ).

(2.) Brief facts are that appellant/complainant desired to purchase one flat having carpet area of 960 sq. ft. with attached terrace to be constructed by respondent No. 1- opposite party. Total price of the flat was being Rs. 37,000,00/-. Appellant paid Rs. 10,00,000/- as earnest money to respondent no. 1 as part consideration towards booking amount for purchase of flat no. 402, for which respondent no. 1 issued a receipt dated 11.2.2009 in favour of appellant.

(3.) However, to the shock and surprise of the appellant, on 11.3.2011 he realized that respondent no. 1 has agreed to sell the suit premises to a rank third party. Accordingly, appellant served a notice through his Advocate calling upon respondent no. 1 to hand over possession of the premises in question. Thereafter, on 24.3.2011, appellant filed a Consumer Complaint against respondents for deficiency in service and unfair trade practice before State Commission.