VIKAS KAWATRA Vs. UNIVERSAL INFRASTRUCTURES

JUDGEMENT

(1.) This appeal under Sec. 19 of the Act 1986 is in challenge to the Order dtd. 2/12/2019 of the State Commission in complaint no. 924 of 2017.

(2.) We have heard the learned counsel for the appellant (the 'complainant') and for the respondents (the 'builder co.') and have perused the record including inter alia the State Commission's impugned Order dtd. 2/12/2019 and the memorandum of appeal.

(3.) Briefly, the complainant booked a residential apartment comprising of 3 BHK with the builder co. for a consideration of Rs.57.79 lakh. He paid an amount of Rs.14.50 lakh i.e. 25% of the consideration vide a demand draft dtd. 29/10/2012. Receipt thereof was given by the builder co. on 5/12/2012. It is the case of the complainant that the builder co. failed to provide a 3 BHK flat to him and unduly and unjustly pressurized him to take a 4 BHK flat in its stead and also that there was no development at the site. The complainant ultimately demanded back the amount paid by him along with interest by an email dtd. 7/3/2017. He also sent a legal notice on 9/5/2017. Finally he filed a complaint before the State Commission on 24/10/2017.