SUNIL KUMAR AND ORS. Vs. THOTA CHANDRASEKHARA REDDY

JUDGEMENT

(1.) This order shall decide two Revision Petitions filed by both the parties against each other pertaining to the order dated 31.10.2013 rendered by the State Commission. Shri Thota Chandrasekhara Reddy applied for the Dwelling Unit of the Scheme launched by the OPs- Col. (Retd.) Sunil Kumar (CEO)-OP-1, Sri M.K. Maity, Deputy Directior-OP-2 and Sri Kailash Chandra Ghai, Project in-charge-OP-3. On 10.05.2007, the Dwelling Unit measuring 637 sq.ft. was allotted in favor of the complainant. He deposited an initial amount of RS. 25,000/- on 27.02.2006. The appellant paid Rs. 6,76,000/- on 03.11.2010 towards part payment of sale consideration. As per terms, he had paid the part payment in the sum of Rs. 7,01,000/-. Rest of the amount was to be paid in instalments. The brochure revealed that construction work was to be completed within 30 months from the date of allotment i.e. 5th October 2006. Five years had elapsed but the construction was not completed.

(2.) The complainant and his wife suffered from Cardiac problem and rheumatoid arthritis. They were in need of money. On 09.03.2011, they requested the OPs to refund the amount. The OPs, however, refunded the amount of Rs. 6,07,310/- after deducting Rs. 30,690/- towards withdrawal charges from the first instalment. The complainant requested that the entire money should be refunded. However, his request did not evoke any response. The complaint was filed before the District Forum. The District Forum dismissed the complaint.

(3.) The complainant filed the appeal before the State Commission. The State Commission partly allowed the appeal and directed the OPs to pay ?20,000/- together with costs of Rs. 3,000/-.