ANSAL PROPERTIES & INFRASTRUCTURE LTD. Vs. NIDHI JAIN

JUDGEMENT

(1.) Being aggrieved by the impugned order dated 18.3.2013 passed by State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short, 'State Commission'), Petitioner/O.P. has filed the present revision petition.

(2.) Brief facts are that respondent/complainant booked a flat situated at the Europa Residency, Kundli, Sonepat which was provided by the petitioner. It is alleged that at the time of booking of the above said flat, respondent deposited an amount of Rs.90,000/- and thereafter she also deposited Rs.90,500/-, Rs.87,750/-, Rs.87,750/- and Rs.1,75,500/- i.e. total amount of Rs.5,31,500/- on different dates upto 21.5.2010 with the petitioner against proper receipts and petitioner also gave brochure of the flats scheme to her.

(3.) It is also alleged that at the time of booking of the flats, petitioner assured the respondent that they will construct/prepare above said flats within a period of 36 months as mentioned in para no. 10.1. a of the brochure and will construct the flats according to the norms of the brochure. However, it was surprising for the respondent that petitioner not only is unable to handover the possession but also it has not started the construction work of flats till today, which shows that the petitioner has not fulfilled the terms and conditions of the Government of Haryana and he was not fully authorized to construct the flats within a stipulated period. Thus, petitioner not only cheated the respondent by way of abstracting money from the respondent but also played fraud upon the respondent.