URBAN IMPROVEMENT TRUST ALWAR Vs. PHOOL SINGH VIJAY

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 28.7.2014 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission') in Appeal No. 1062/2011 Urban Improvement Trust & Anr. Vs. Phool Singh Vijay by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that Complainant/respondent purchased plot No. 108 for a sum of Rs.3,77,837/- from OP/petitioner on 10.3.2003 and allotment letter was issued in his favour on 1.4.2003. Possession of plot was not given to the complainant for long time. Complainant requested OP to execute lease deed, but it was not executed and OP demanded Rs.17,274/- as penalty for non-construction of the house for long time. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to refund Rs.17,274/- penalty amount deposited by the complainant and further allowed Rs.3,000/- as compensation for mental agony. Appeal filed by OP was dismissed by learned State Commission vide order dated 6.2.2012. Revision petition filed by OP was allowed by this Commission vide order dated 25.4.2013 and matter was remanded back with directions to the State Commission for deciding appeal by speaking order. Learned State Commission vide order dated 28.5.2013 again decided appeal without any speaking order and this Commission vide order dated 9.12.2013 in R.P. No. 3091 of 2013 UIT Vs. Phool Singh Vijay again set aside order of State Commission and remanded the matter back to the learned State Commission to decide appeal by speaking order. Learned State Commission vide impugned order again dismissed appeal against which this revision petition has been filed.

(3.) Heard leaned Counsel for the petitioner and perused record.