BINDU PROMOTERS & DEVELOPERS Vs. REKHA S. SHIYAL

JUDGEMENT

(1.) This revision petition has been filed by the Petitioners/Opposite parties against the impugned order dated 29.2.2008 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission') in Appeal No. 2341 of 2007 Mrs. Rekha S. Shiyal Vs. M/s. Bindu Promoters & Developers by which, while allowing appeal, order of District Forum dismissing complaint was set aside.

(2.) Brief facts of the case are that complainant/respondent paid a sum of Rs.16,65,900/- to OP/petitioner for purchase of a flat. As per agreement, Rs. 17,49,825/- was to be paid by the complainant to OP. OP asked complainant to get the sale deed registered and pay balance amount, but as the complainant wanted to resell the flat to somebody else; so, he was not in a position to get the sale deed registered. In such circumstances, OP terminated the contact unilaterally and refunded the amount paid by the complainant, which was accepted by the complainant, under protest. Complainant filed complaint before the District Forum alleging deficiency on the part of OP and learned District Forum after hearing both the parties, dismissed complaint, as money had already been refunded. Appeal filed by the complainant was allowed by the State Commission vide impugned order and OP was directed to pay interest @ 12% p.a. on the amount refunded, from 30.6.2006 last date of payment, till refund of money against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.