HIMANSHU ANEJA Vs. ANSAL PROPERTIES & INFRASTRUCTURE LTD

JUDGEMENT

(1.) This revision is directed against the order of the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, the State Commission) dated 30.11.2012 whereby the State Commission allowed the appeal preferred by the opposite party, set aside the order of the District Forum and dismissed the complaint.

(2.) Briefly put, facts relevant for the disposal of the revision petition are that the petitioner filed a consumer complaint before District Forum, Panipat alleging that M/s Sam Buildwell Pvt. Ltd. has purchased plot No.D-1666 measuring 300 sq. yards from the respondent/opposite party vide agreement dated 1.2.2007. The complainant purchased aforesaid plot from M/s Sam Buildwell Pvt. Ltd. for Rs.3,75,000/- vide agreement dated 26.2.2008. Thereafter, as per the final call notice of the respondent, the complainant deposited the development charges including external development charges, internal development charges and interest vide eight receipts for total amount of Rs.3,23,815/-. It is the case of the complainant that the respondent/opposite party after having collected the development charges including interest during the period w.e.f. 27.2.2008 to 3.6.2009 has issued demand notices dated 6.1.2011, 22.3.2011 and 18.5.2011 calling upon the complainant to pay a sum of Rs.1,83,857/- on account of interest on EDC charges. The said demand according to the complainant is against the terms of agreement between the parties as well as the Rules & Regulations and amounts to deficiency in service. The complainant has thus filed consumer complaint praying for direction to the respondent/opposite party to withdraw its demand notices as also to pay compensation to the tune of Rs.50,000/- besides the cost of litigation.

(3.) The respondent/opposite party resisted the complaint. In the written statement it was pleaded that the demand of interest on EDC charges has been rightly raised as per Clause (II) of the agreement between the parties which reads as under: