CENTRAL HIMALAYAN LAND DEVELOPMENT CO. LTD. THROUGH ITS MANAGING DIRECTOR, C Vs. LIKHMA RAM BUDANIYA S/O SH. UDAI RAM, R/O BOTH NO

JUDGEMENT

(1.) This appeal has been filed by the appellant against order dated 27.1.2015 in Complaint No. 333/2009- Likha Ram Budaniya Vs. Central Himalayan Land Development Co. Ltd. ; by which complaint was allowed.

(2.) Brief facts of the case are that complainant/respondent agreed to purchase plot from opposite party/appellant for a sum of Rs. 14,45,000.00 out of which Rs. 3,36,000.00 was basic cost of the land and Rs. 11,09,000.00 was cost of infrastructure and development. Complainant made payment of Rs. 15,75,050.00but opposite party did not develop plot. Sale deed was executed between the parties showing sale price of Rs. 3,36,000.00 and opposite party received excess payment from complainant. Developed plot was to be delivered by 27.6.2007 but it has not been handed over so far. Alleging deficiency on the part of opposite party, complainant filed complaint before State Commission. Opposite party resisted complaint and submitted that sale deed was executed on 14.3.2007 whereas complaint was filed on 16.12.2009 which was barred by limitation. It was further submitted that complainant has not raised any construction on the plot which shows that he did not intend to stay at the township and rather expressed his intention to sale the plot. As there was complicated question of law and facts, consumer fora has no jurisdiction to entertain the complaint. Denying any deficiency on their part, prayed for dismissal of complaint. Learned State Commission after hearing both the parties, allowed complaint and directed opposite party to refund Rs. 15,75,050.00 along with 15% p.a. interest and further directed to pay compensation of Rs. 7.00 lakhs and Rs. 55,000.00 as litigation charges against which this appeal has been filed.

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