FERROUS INFRASTRUCTURE PVT. LTD Vs. RAJ BALA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 06.07.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 765/2012 M/s. Ferrous Infrastructure Pvt. Ltd. & Anr. Vs. Raj Bala by which, while dismissing appeal in limine, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/Respondent booked luxury flat No.903 with OP/petitioner and made time to time payment as mentioned in the complaint. At the time of execution of agreement, OP intimated to the complainant that flat No. 903 stands allotted to someone else and was asked to opt for some ordinary flat for which the complainant refused. Then, OP returned two cheques for Rs.1,64,145/- and Rs.1,91,250/- given by complainant. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that as OP was not in a position to give possession of flat No. 903, they offered similar flat at same rate at better location and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to allot flat No. L-1301 after accepting balance amount without interest. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.