R. SURI BABU Vs. ABHISHEK GOVI

JUDGEMENT

(1.) This revision petition has been filed by the petitioners/OP against the order dated 18.2.2013 passed by the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad (in short, 'the State Commission') in Appeal No. 1088/2011 Abhishek Govil Vs. R.Suri Babu & Anr. by which, while allowing appeal, order of District Forum dismissing complaint was set aside and complaint was allowed.

(2.) Brief facts of the case are that complainant/respondent entered into an agreement to purchase flat No. 109 in Block-C Raja's Sunrise Height from OP/petitioner for a sum of Rs.24,00,000/- out of which, complainant paid Rs.25,000/- by cheque dated 10.8.2008. Complainant also paid Rs.10,75,000/- loan taken from LIC to the OP. Complainant entered into an agreement of construction with the OP for semi-finished flat and this document was registered on 26.11.2008. OP failed to complete the semi-finished flat and permitted conversion of the residential project into commercial complex and later on handed over Block C of the building to M/s. Gayatri Education Society for running Boys Hostel and did not handover flat to the complainant. On demand made by the complainant, OP agreed to return total Rs.12,28,615/- including Rs.11,00,000/- received and issued two cheques for Rs.50,000/- and Rs.1,50,000/- which were dishonoured. Alleging deficiency on the part of OP/complainant filed complaint before District Forum. OP resisted complaint and submitted that complainant is not entitled to any relief without cancellation of agreement of construction dated 26.11.2008. It was further alleged that District Forum had no jurisdiction to entertain the complaint. It was further alleged that complainant ought to have filed suit for recovery of the amount or specific performance of the agreement and complaint filed by the complainant is not maintainable and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, dismissed complaint in view of the agreement dated 5.3.2010 and 10.6.2010. Appeal filed by the petitioner was allowed by learned State Commission vide impugned order by which petitioner was directed to deposit before District Forum the amount in terms of agreement dated 5.3.2010 and respondent was permitted to withdraw the amount after executing deed cancelling the agreement in respect of aforesaid flat no. 109 in Block C in Raja's Sunrise Height against which, this revision petition has been filed by the petitioner/OP.

(3.) Heard learned Counsel for the petitioner at admission stage and perused record.