T. VETRIVAL Vs. GURU RAGHAVENDRA FOUNDATION AND ORS.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 28.3.2012 passed by the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (in short, 'the State Commission') in Appeal No. 366 of 2010 - T. Vetrivel Vs. M/s. Guru Raghavendran Foundation by which, while allowing appeal, order of District Forum dismissing complaint was set aside.

(2.) Brief facts of the case are that complainant/petitioner became member of OP No.2/Respondent No. 2 by paying a membership fee of Rs.10,101/-. The complainant entered into a construction agreement on 14.2.2001 with the owners of a land in Pallavaram represented by their power of attorney agent B. Murugeswaran, the 1st opposite party and 2nd opposite party/Respondents. It was agreed between the parties that the total cost of flat F6 measuring 1447 was Rs.11,21,425/- and the payment was to be made as per stages as provided in clause 7 (a) of the construction agreement dated 14.12.2001. The period of construction was within 12 months under clause 12 of the agreement. In case of delay in payment the complainant was to pay 2% interest and in case of non-delivery of flat within 12 months the opposite parties was to pay rent for the flat. The complainant submitted that by obtaining bank loan, he paid the following amounts to the opposite parties:

(3.) None appeared for the respondent even after service and they were proceeded ex-parte.