TANEJA DEVELOPERS & INFRASTRUCTURE LTD Vs. RAKESH KUMAR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 26.03.2013 passed by the aryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 108/2013 Taneja Developers & Infrastructure Ltd. Vs. Rakesh Kumar by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that plot No. L-83 was allotted by OP/petitioner to Ashok Kumar, from whom complainant/respondent purchased plot. Complainant paid instalments along with entire EDC charges of Rs.1,57,000/- to the OP. Complainant approached OP to handover possession, but OP illegally demanded interest and additional EDC charges Rs.3,99,662/-. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that complainant being reallottee is not consumer of the OP and complaint is not maintainable and rightly demanded EDC charges and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP not to charge EDC charges and interest on EDC and further allowed interest @ 9% p.a. and further directed to handover possession of plot. Appeal filed by OP was dismissed by Leaned State Commission vide impugned order against which this revision petition has been filed along with application for condonation of delay.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.