LAWS(NCD)-2016-1-18

HITESH VERMA Vs. SAHARA CITY HOMES AND ORS.

Decided On January 06, 2016
HITESH VERMA Appellant
V/S
Sahara City Homes And Ors. Respondents

JUDGEMENT

(1.) Petitioner/Complainant has filed this revision petition against impugned order dated 16.08.2010 passed by State Consumer Disputes Redressal Commission, UT Chandigarh in (First Appeal No. 93 of 2010) vide which complaint filed by the petitioner was dismissed.

(2.) Petitioner's case is that, as per advertisement regarding township projects in various cities of India under the name of Sahara City Homes, he booked on 23.02.2005 a "Two Bed Room Type-B Flat" at their Chandigarh Unit through Hissar Branch. As per the advertisement, possession was to be given in the year 2007. Petitioner deposited Rs.85,750/- at Hissar Branch and his membership was confirmed on 18.07.2005. Petitioner, thereafter deposited 10% at the sale price and rest of the amount was to be paid in installments. Petitioner,however came to know that land acquired by the Respondents/Opposite Parties for construction is in village Bhabat Zirakpur, District SAS Nagar and not in Chandigarh. Petitioner made request to the respondents at their Hissar and Chandigarh branches to compensate him but they did not. Thereafter, he served a legal notice and filed complaint before the District Forum.

(3.) District Consumer Disputes Redressal Forum-I, UT Chandigarh (for short, 'District Forum') vide its order dated 22.11.2010, held that it has no jurisdiction to entertain and try the present complaint. Accordingly, it dismissed the complaint in limine. However, it granted liberty to the petitioner to file the same, before the Consumer Forum having jurisdiction to entertain and try the same.