LAWS(NCD)-2014-11-9

MEDIA VIDEO LTD. Vs. SANJEET KUMAR

Decided On November 10, 2014
Media Video Ltd. Appellant
V/S
Sanjeet Kumar Respondents

JUDGEMENT

(1.) These revision petitions involve similar question of law; hence, decided by common order.

(2.) These revision petitions have been filed by the petitioner against the order dated 21.03.2014 passed by the Rajasthan State Consumer Disputes Redressal Commission, Bench No.1, Jaipur (in short, ('the State Commission') in Appeal No.1499 of 2012 Media Vedio Ltd. & Ors. Vs. Sanjeet Kumar, Appeal No.99 of 2013 Media Vedio Ltd. & Ors. Vs. Asha, Appeal No.101 of 2013 Media Vedio Ltd. & Ors. Vs. K.S. Saini and Appeal No.104 of 2013 Media Vedio Ltd. & Ors. Vs. Karam Singh by which, while dismissing appeals, order of District Forum allowing complaints were upheld.

(3.) Brief facts of the case are that complainants/respondents booked flat with OP/petitioner and made payment of Rs.1,86,000/-. OP assured to handover the possession of the flat within one and half to two years. Possession of flat has not been handed over within stipulated period. Complainant filed complaint before District Forum with a prayer to refund deposited amount with interest. OP contested complaint and submitted that complainant has not paid even a single installment except the earnest money despite several notices, so, earnest money has been forfeited. It was further submitted that District Forum had no territorial jurisdiction to entertain the complaint and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to refund deposited amount with 6% p.a. interest and awarded Rs.5,000/- as costs. Appeals filed by the petitioner were dismissed by learned State Commission vide impugned order dated 26.8.2013 against which, revision petitions were filed by the petitioner and this Commission vide order dated 12.2.2014 allowed revision petitions and remanded the matter back to the learned State Commission to decide appeals by speaking order. Learned State Commission vide impugned order again dismissed appeals against which these revision petitions have been filed.