PRATIGHAT KISHAN DIDMUTHE Vs. NEEL CONSTRUCTIONS

JUDGEMENT

(1.) The present Appeal has been filed against the Order dtd. 18/7/2012 in Complaint No.CC/10/42.

(2.) The brief undisputed facts in brief are that township by the name of "Neel Sankul" was developed by the Respondent situated at Plot No.20 - C, Sector-11, Kalamboli, Navi Mumbai. The Appellant had booked a Flat No. 2 situated on the ground floor at "Neel Sankul" for a total consideration of Rs.19,40,400.00 and an agreement dtd. 25/5/2009 was executed between them. Complainant paid only a sum of Rs.9,40,400.00 as part consideration and, thereafter, did not pay any money to the Respondent. The Complainant did not pay the balance money as per the payment schedule and the entire payment was to be made by 4/6/2009. The Complainant did not pay a single penny thereafter. On account of non-payment of the balance sum by the Appellant/Complainant, the Respondent terminated the agreement on 21/8/2009 and also returned the consideration amount received by them by cheque bearing number 004379 dtd. 21/8/2009 drawn on Indian Overseas Bank, Panwal branch in the name of Complainant No.1. The Complainant, however, did not accept the cheque and returned it. Thereafter, the Respondent i.e. Complainant filed a complaint before the State Commission, wherein it is alleged by the Complainant that the area which the Respondent had promised to give was 882 sq.ft. but the actual area of the flat was 550 sq.ft. and that is why they were not agreeing to pay the balance money and also alleged that cancellation of flat was the wrong act on the part of the Respondent.

(3.) In the written version, the Respondent had taken up the plea that since the Complainants themselves had refused to accept the flat and did not pay the balance consideration, they had no option but to terminate the agreement. It is alleged that there was no deficiency on their part and, therefore, Complaint was liable to be dismissed.