KAMINI GUPTA Vs. ANSAL HOUSING AND CONSTRUCTION LTD

JUDGEMENT

(1.) -Petitioner was the complainant before the District Forum where she had filed a complaint alleging deficiency in service on the part of respondent, Ansal Housing and Construction Ltd.

(2.) Briefly the facts of the case are that the complainant in response to an advertisement made by the respondent applied for allotment of six flats and deposited the initial amount in respect of each of the flat. In the draw of lots, the complainant was successful and was communicated of the same on 1.5.1992. By virtue of this allotment letter, the complainant was asked to deposit the allotment money. Instead of doing this, the complainant vide her letter dated 21.5.1992 she requested for cancellation of allotment and refund of the deposited amount. When on repeated requests, this amount was not being refunded, complainant filed a complaint before the District Forum who after hearing the parties and perusal of evidence and other material on record, allowed the complaint. On an appeal being filed, the State Commission allowed the appeal and dismissed the complaint. Aggrieved by the order of the State Commission, the petitioner/complainant has filed this revision petition before us.

(3.) We heard the leaned Counsel for the parties and perused the material on record. The only point of controversy relates to refund of the advance money amounting to Rs. 60,000/-. The case of the petitioner is that there was no provision for forfeiting the deposited money in case of cancellation/recall of booking of flats. For this the respondent's copy of the advertisement in the Newspaper which is on record. It is her case that the Brochure of the Scheme was never let known to the complainant. In fact this is a creation of the respondent to frustrate the case of the complainant. This has no value as it was not produced before the District Forum. It was also argued that the Scheme under which flats were to come up, was not an approved scheme.