BADRI NARAYAN Vs. M/S. YOUNG INDIA ENGINEERS

JUDGEMENT

(1.) This revision petition filed under Sec. 21 (b) of the Consumer Protection Act, 1986 (in short, the'Act') assails the order of the State Consumer Dispute Redressal Commission, Maharashtra, circuit Bench at Aurangabad (in short,'State Commission') in First Appeal No. 625 of 2011 dtd. 20/2/2015 arising out of order dtd. 30/6/2010 in complaint no. 263 of 2010 of the District Consumer Disputes Redressal Commission, Aurangabad (in short,'District Forum').

(2.) The brief facts of the case as stated by the petitioner are that he booked Flat No. 102, North Avenue, Plot No. 27 and 28, N-5/J, Cidco, Aurangabad for a sale consideration of Rs.5,90,000.00 on 6/9/1999 by paying an advance of Rs.5,000.00 by cheque to the respondent. A further sum of Rs.88,000.00 was paid by way of 6 installments between 13/9/1999 and 10/2/2000, though cash and a cheque. The balance of Rs.4,90,000.00 was promised to be paid after availing a housing loan from the bank. Following sanction of a loan by ICICI Bank, a registered Agreement was entered into between the parties on 15/2/2000. The loan amount was disbursed to the respondent by the bank. However, possession was neither delivered by the respondents nor the sale deed registered even after receipt of the full sale consideration. In March 2009 the petitioner settled the loan with ICICI Bank and kept pursuing the respondents for execution of a registered sale deed and possession of the flat. A legal notice was served on 14.12.12009 followed by a consumer complaint no. 263 of 2010 with the District Forum.

(3.) The District Forum partly allowed the complaint and held that: