UNITECH LTD Vs. ABHA MULLICK & ANR

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 26.12.2012 passed by the U.P. State Consumer Disputes Redressal Commission, Lucknow (in short, 'the State Commission') in Appeal No. 171 of 2012 Dr. Abha Mullick Vs. M/s. Unitech Ltd. by which, complaint was partly allowed at admission stage.

(2.) Brief facts of the case are that Complainants/respondents booked a flat with OP/petitioner and made payment of Rs.44,09,801/- on 29.10.2007. As per terms of the allotment, physical possession of the flat was to be given to the complainant by March, 2011, but so far construction has not started. Complainant's son met with the officials of the OP about non-construction of the entire project and Mr. Rajesh Sinha on behalf of OP offered for purchase of flat in another project which was not acceptable to the complainant. Alleging deficiency on the part of OP, complainant filed complaint before the State Commission with the following prayers along with application for interim relief under Section 13 (3-B) of the Consumer Protection Act:

(3.) Learned State Commission while admitting petition on 26.12.2012, passed following order: