P. RATNAKUMARI Vs. Y. KIRAN KUMAR

JUDGEMENT

(1.) This appeal has been filed by the Appellant against order dated 21.11.2013 passed by State Commission in Complaint Case No. 27 of 2013- Smt. P. Ratnakumari Vs. Y. Kiran Kumar; by which complaint was partly allowed.

(2.) Brief facts of the case are that Complainant/Appellant entered into an agreement of sale with Opposite Party/Respondent on 12.8.2009 for purchase of 450 sq.yds. in Sy Nos. 330, 331, 332, 337, 338, 339, 340 part 341, 342, 343, 345 & 347 etc. for Rs. 12,60,000/-. Complainant paid the aforesaid amount but there was no development on the site and it was not free from all encumbrances, hence, requested for refund of the amount. Opposite Party did not return the amount. Alleging deficiency on the part of Opposite Party, Complainant filed complaint before State Commission. Opposite Party resisted complaint and submitted that complaint has not been filed against proper party but has been filed against CEO of M/s. Suchir India Developers (P) Limited, State Commission has no jurisdiction to entertain the complaint, complaint is barred by limitation, complaint was required to proceed under Arbitration Act and prayed for dismissal of complaint. Learned State Commission after hearing both the parties allowed complaint partly and directed Opposite Party to pay Rs. 9,45,000/- with 9% p.a. interest and further allowed compensation of Rs. 20,000/- and cost of Rs. 5,000/- against which this appeal has been filed by Complainant for enhancement.

(3.) Heard Authorised Representative for the Appellant and Learned Counsel for Respondent finally at admission stage and perused record.