SHIPRA ESTATES LTD Vs. NARESH CHAND SETH

JUDGEMENT

(1.) In this revision petition, there is challenge to order dated 30.4.2007, passed by Consumer Disputes Redressal Commission, Delhi (short, "State Commission").

(2.) Brief facts are that respondent/complainant booked a flat with petitioner/O.P in "Shipra Riviera Housing Scheme" at Indrapuram, Ghaziabad, against booking amount of Rs.60,000/- on 31.5.1997. Respondent due to unavoidable circumstances, withdrew from the scheme after two months, that is, on 31.7.1997. It is stated that respondent was informed that refund process will take a year time. Thereafter, respondent sent various reminders. In response, letter dated 3.6.1998 was received by the respondent from the petitioner. Since, petitioner did not refund the money, respondent filed a complaint before District Consumer Disputes Redressal Forum (East District), Delhi (for short, "District Forum").

(3.) Petitioner in its written statement admitted the factum of booking of the flat in the scheme by the respondent. However, it is stated that as per Clause 5 (c) of the brochure, respondent is not entitled for the refund of the booking amount as the same has already been forfeited.