JAGDISH CHANDER GULATI S/O. LATE SH. KANWAR BHAN GULATI, R/O. KP Vs. M/S. MERA BABA REALITY ASSOCIATES PVT. LTD. A

JUDGEMENT

(1.) This revision is directed against the order of the State Commission dated 04.02.2015 in First Appeal No. 143/14 as also the subsequent orders of the State Commission dated 30.10.2015 and 29.02.2016.

(2.) Shorn off unnecessary details, the facts relevant for the disposal of the revision petition are that petitioner booked a shop no. SS-816 located in a commercial project undertaken by the respondent opposite party. The consideration agreed between the parties was Rs.10,50,000.00 to be paid in instalments. It is the case of the complainant that he regularly paid the instalments against the consideration amount and during the period w.e.f. 07.03.2005 to 30.06.2007, the complainant paid a total sum of Rs.8,00,000.00 to the OP. On 27.02.2007 the complainant received a letter from the opposite party intimating that the space booked by the complainant was ready and for the fit out purpose, the complainant was advised to meet Mr. Mehak. When the complainant went to take possession of the subject shop, he was surprised to know that shop no.SS-816 was not available and the opposite party was not in a position to hand over said shop to the complainant. The complainant, thereafter, made several personal visits and showed his willingness to pay balance consideration amount with a view to get possession of the booked shop but in vain. This led to the filing of the consumer complaint. The consumer complaint was resisted by the opposite party by filing a written statement.

(3.) The District Forum on consideration of the pleadings of the parties and evidence allowed the complaint and directed the opposite party as under: