DLF HOME DEVELOPERS LIMITED Vs. PRADEEP KUMAR

JUDGEMENT

(1.) PRESENT revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 (for short, 'Act ') against impugned order dated 25.3.2013, passed by State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short 'State Commission ').

(2.) BRIEF facts are that respondents/complainants booked a residential flat in Express Green Sector MI, Manesar, DLF, New Gurgaon and deposited Rs.Five lacs with the petitioners/O.Ps. According to the agreement dated 4.4.2009, petitioners had to give possession of the flat within a period of 2 1/2 years from the date of agreement. Further, respondents had to pay Rs.48,50,000/ - at the rate of Rs.2091.5 per square feet to the petitioners. On 14.10.2008 and 9.2.2009, petitioners issued letters to the respondents to deposit an amount of Rs.4,70,116.40 paise and Rs.8,43,160.50 paise respectively, according to the amended schedule of payment of the petitioners. The respondents issued two cheques amounting to Rs.7,40,000/ - as part payment as the petitioners did not obtain the agreement in respect of the said flat in time and due to which, the loan could not be sanctioned in time from the concerned bank. It is further alleged that petitioners, vide letter dated 27.7.2009 cancelled the part payment made by the respondents. Despite issuing legal notice dated 31.10.2009, petitioners have not cancelled the cancellation letter in respect of the said flat. Thus, there was deficiency in service on the part of the petitioners.

(3.) DISTRICT Consumer Disputes Redressal Forum, Sonepat (for short, 'District Forum ') vide order dated 17.7.2012, allowed the complaint.