YOGENDRA H PANDEY Vs. SARDAR ISMAIL JAMADAR

JUDGEMENT

(1.) The complainant/respondent booked a flat no. A-504 in Vinayak Tower, measuring 545 sq. feet. with the petitioner and the sale consideration for the aforesaid flat was agreed at Rs. 4,16,000/-. The complainant paid a sum of Rs. 3,38,000/- to the petitioner who agreed to deliver possession of the flat within one year. According to the complainant on 20.11.2008, the petitioner told him that the flat in Vinayak Tower was not ready and he executed an agreement for sale of flat no. C-302 in Rajni Park building to the complainant. However, even the possession of flat no. C-302 in Rajni Park building was not delivered to the complainant, who thereupon approached the concerned District Forum by way of a complaint seeking refund of the amount of Rs. 4,16,000/- alongwith interest of Rs. 6,46,193/- calculated @ 24% per annum. He also sought a sum of Rs. 3,50,000/- towards rent @ Rs. 5000/- per month besides Rs. 5 lacs as compensation for mental/physical harassment, Rs. 19,300/- towards stamp duty cost, Rs. 7,760/- towards registration and Rs. 25,000/- as the cost of litigation.

(2.) The complaint was resisted by the petitioner on the ground that the complainant had failed to pay the balance amount within the prescribed period and therefore, the agreement was cancelled.

(3.) Vide its order dated 14.03.2011, the District Forum directed the petitioner to give possession of flat no. C-302 in Rajni Park building to the complainant and also pay a sum of Rs. 50,000/- to him as compensation. It was further directed that if the petitioner is unable to give the possession of the flat no. C-302, he should pay Rs. 18 lacs as compensation considering the market value of the flat. Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal. The said appeal having been dismissed vide impugned order dated 18.07.2014, the petitioner is before us by way of this revision petition.