JITENDRA D. SHETH Vs. ABHINAV ENGINEERS

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 31.1.2012 in common judgment Appeal No. 716/2010- Abhinav Engineers Vs. Jitendra R. Shah & Anr. and Appeal No. 729/2010- Saujanya Coop. Housing Society Vs. Jitendra R. Shah & Anr.; by which while allowing appeal of opposite party, appeal of complainant was dismissed and order of District Forum allowing complaint was set aside.

(2.) Brief facts of the case are that complainant/petitioner- Jitendra D. Sheth was allotted unit No. 708 in the building to be constructed by opposite party No. 1/respondent No. 1 on the land of opposite party No. 2/respondent No. 2. Complainant made down payment of Rs. 5,47,470/- and other charges were to be paid at the time of handing over possession. It was, further, alleged that an agreement was executed between complainant and opposite party No. 1 on 15.4.2000 and possession of the property was to be handed over in August, 2005. In spite of making full payment of unit, possession of the property was not handed over to the complainant in spite of repeated requests and opposite party wants to sell the flat for higher price. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum with a prayer to direct opposite party to hand over possession or refund the amount with interest and compensation. Opposite party No. 1 resisted complaint and submitted that as per agreement, principle amount with interest was to be returned to the complainant and aforesaid unit No. 708 was allotted to the complainant as security against investment made by complainant for earning interest. It was, further, submitted that complainant was not entitled to possession of the property and prayed for dismissal of complaint. Opposite Party No. 2 appeared before District Forum but did not file written statement. Learned District Forum after hearing both the parties allowed complaint and directed opposite parties to refund Rs. 5,47,470/- with 6% p.a. interest and to pay Rs. 1,250/- as costs. Both the parties filed appeal before State Commission and Learned State Commission vide impugned order dismissed appeal of complainant but allowed appeals of opposite parties and dismissed complaint against which this revision petition has been filed.

(3.) Heard Learned Counsel for the parties finally at admission stage and perused record.