DEARS FARM Vs. HARRY JOSEPH

JUDGEMENT

(1.) This revision petition under sec. 21 of the Consumer Protection Act, 1986 (in short, the 'Act') assails order dtd. 12/10/2009 of the State Consumer Dispute Redressal Commission, Chattisgarh, Raipur (in short, 'State Commission') dismissing First Appeal No. 469 of 2008.

(2.) In brief, the facts of the case are that respondent in response to an advertisement by the petitioner, who is a colonizer and builder, booked a plot in Nehru Nagar, Rajnandgaon on 15/9/1999 by depositing Rs.5,000.00. He thereafter paid Rs.24,000.00 through 12 monthly installments of Rs.2,000.00 and another lumpsum installment of Rs.20,000.00 on 20/4/2002. However, as no sale deed was executed, the respondent issued a legal notice and thereafter filed a complaint before the District Consumer Disputes Redressal Forum, Rajnandgaon (in short, 'District Forum'). The petitioner contends that the respondent failed to comply with the conditions of the booking and defaulted in payment of installments resulting in the cancellation of booking on 26/5/2002 with forfeiture of deposited amount. The District Forum allowed the complaint of the respondent. The petitioner approached the State Commission in appeal which came to be dismissed. This order is impugned before us.

(3.) We have heard the submissions of both the learned counsels for the parties and perused the records carefully.