SARDAR HARINDERPAL SINGH Vs. SUJATA MESHRAM

JUDGEMENT

(1.) This revision petition has been filed by the petitioners against the order dated 27.2.2008 passed by the M.P. State Consumer Disputes Redressal Commission, Bhopal (in short, 'the State Commission') in Appeal No. 1944/2006 Sardar V.P. Singh & Ors. Vs. Smt. Sujata Meshram by which, while partly allowing appeal, order of District Forum allowing complaint was upheld, but compensation of Rs.30,000/- awarded by District Forum was set aside.

(2.) Brief facts of the case are that complainants/respondents entered into tripartite agreement with OP No. 2 & 3/petitioners for construction of duplex house for Rs.5,60,000/-. It was further submitted that complainant deposited Rs.4,67,000/- with OPs. OP also executed sale deed in favour of complainant on 6.11.2003 of the land on which house was to be constructed. It was further submitted that in sale deed Rs.2,47,000/- has been shown as sale consideration out of which, cheque of Rs.2,00,000/- was given and OP told that this cheque will be returned back on payment of Rs.5,60,000/- as cost of construction. It was further submitted that inspite of repeated requests, cheque was not returned and construction has also not been completed. It was further submitted that complainant took loan of Rs.4,00,000/- for payment. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OPs resisted complaint and submitted that complainant firstly purchased plot and then entered into agreement for construction of house for a sum of Rs.5,60,000/-. It was denied that cheque of Rs.2,00,000/- was to be returned back. It was further submitted that if complainant is ready to pay Rs.2,47,000/- plus Rs.5,60,000/-, OP is ready to complete construction work and deliver possession and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to transfer possession of duplex house on receipt of Rs. 97,000/- from the complainant and further awarded interest on Rs.4,67,000/- at saving bank rate from 10.8.2004 till possession and further awarded Rs.30,000/- for mental agony and Rs.2,000/- as litigation cost. Appeal filed by OP was partly allowed by learned State Commission vide impugned order deleted cost of Rs.30,000/- against which, this revision petition has been filed.

(3.) Heard Learned Counsel for the parties and respondent no. 2 in person and perused record.