ATUL PARASHAR Vs. ARUN KUMAR AND ORS.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 10.4.2013 passed by the M.P. State Consumer Disputes Redressal Commission, Bhopal (in short, 'the State Commission') in Appeal No. 526 of 2011 - Atul Parashar Vs. Arun Kumar Nigam & Anr. by which, while allowing appeal partly, order of District Forum allowing complaint was modified.

(2.) Brief facts of the case are that Complainant/respondent entered into an agreement dated 4.12.2007 with OP/petitioner for purchase of plot and construction on that plot and complainant paid Rs.6,15,000/- along with postdated cheque of Rs.35,000/- to OP. It was further submitted that sale deed was registered on 28.12.2007 and as per terms and conditions, OP was to construct house on the purchased plot by 28.5.2008. It was further submitted that out of the sale consideration Rs.4,46,000/- was pertaining to consideration for purchase of plot and rest of the amount was for construction of the plot. OP has not started construction and intimated to the complainant regarding his unwillingness to carry out construction on the plot. Then, complainant sent legal notice to OP for termination of the agreement and for refund of amount, but amount was not refunded. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint, admitted execution of agreement to sale and sale deed, but submitted that OP could not start construction as complainant wanted major changes in the approved and agreed specifications and drawing of proposed house which was not possible and in such circumstances, OP expressed his inability to accept major changes proposed by complainant. It was further submitted that matter pertains to breach of agreement which is not consumer dispute and complaint is not maintainable. It was further submitted that cheque of Rs.35,000/- has not been honoured by the Bank and there is breach on the part of complainant and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to refund Rs.1,69,000/- with 7% p.a. interest and was further directed to pay compensation of Rs.50,000/- and Rs.2,000/- as cost of litigation. Appeal filed by OP was partly allowed by learned State Commission and compensation of Rs.50,000/- was reduced to Rs.25,000/- and rest of the order was upheld against which, this revision petition has been filed along with application for condonation of delay.

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