AMAR NATH BANSAL Vs. NATIONAL METROPOLITAN/CAPITAL AREA SCHEME/PLAN AND SECRETARY URBAN DEVELOPMENT TRUST

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/complainant against the order dated 05.11.2012 passed by the State Consumer Disputes Redressal Commission, Rajasthan, Circuit Bench No.3, Jaipur (in short, 'the State Commission') in Appeal No. 420/2010 Amar Nath Bansal Vs. National Metropolitan & Anr. by which, while dismissing appeal, order of District Forum dismissing complaint was upheld.

(2.) Brief facts of the case are that complainant/petitioner was allotted plot No. D-89, Bhagat Singh Colony, Bhiwadi by Urban Improvement Trust and as per allotment letter dated 22.8.2008, construction was to be completed within a period of 10 years. As OP has not given possession of the plot inspite of depositing full price of the plot, complainant/petitioner filed complaint before District Forum alleging deficiency on the part of OP. OP/respondent contested complaint and submitted that possession has already been given on 10.4.1989 and site plan was also given on 7.8.1989, but as complainant has not carried out construction within a period of 2 years, this complaint has been filed to avoid penalty which may be imposed for non-construction and prayed for dismissal of complaint. District Forum after hearing both the parties dismissed complaint against which appeal filed by the petitioner was also dismissed by learned State Commission vide impugned order against which this revision petition has been filed along with application for condonation of delay.

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