DLF LTD Vs. BHAGWANTI NARULA

JUDGEMENT

(1.) This revision petition is directed against the order of the State Commission dated 17.7.2014, whereby the appeal filed by the petitioner against the order of the District Forum dated 6.1.2010 was dismissed.

(2.) Brief facts of the case are that the complainant/respondent booked an apartment with the petitioner DLF Ltd. in Silver Oaks, Gurgaon by depositing the booking amount of Rs.63,469/- and an Apartment Buyers' Agreement was executed between the parties on 14.7.1992. The complainant made a further payment of Rs.81,534/- as first instalment, thereby making a total payment of Rs.1,45,003/-. The case of the complainant is that after booking apartment with the petitioner, she shifted from the place where she was residing at the time of booking the apartment and started living at Ludhiana, from where she went to Germany. This was also her case that the changed address was also conveyed to the Petitioner Company. The complainant sent a legal notice to the petitioner on 11.12.2004, which the Petitioner Company duly replied. It was stated in the reply sent by the Petitioner Company that the entire amount paid by her had been forfeited in terms of the Agreement between the parties. Thereupon, the complainant approached the District Forum, seeking refund of a sum of Rs.2,16,177/- along with compensation, on the allegation that payment made by her was Rs.2,16,177/- and not Rs.1,45,003/-.

(3.) The District Forum held that the complainant had paid actually Rs.1,45,003/- to the petitioner and directed refund of the said amount along with compensation amounting to Rs.80,000/- and cost of litigation amounting to Rs.20,000/-.