DLF COMMERCIAL DEVELOPERS Vs. VIPIN KUMAR MITTAL

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 31.12.2013 passed by the learned State Consumer Disputes Redressal Commission, Hyderabad (in short, 'the State Commission') in Appeal No. 476 of 2013 DLF Commercial Developers Vs. Vipin Kumar Mittal by which, appeal was partly allowed.

(2.) Brief facts of the case are that complainant/respondent booked flat measuring 1535 sq. sft. at "The Summit at Lake District, DLF Gachibowli Extension" for a consideration of Rs.36,70,000/- with OP/petitioner and paid Rs.3,50,000/- on 24.6.2010 towards booking amount for provisional allotment of flat. Later on, this scheme was abandoned and complainant was assured allotment of flat of same specifications in new project "New City Heights' of OP and complainant issued consent letter for this. OP by letter dated 1.3.2010 apprised that approvals from concerned authorities were obtained and complainant would be informed about dues payable and by letter dated 12.3.2010 asked complainant to deposit Rs.2,96,400/- as per revised cost of the flat which was enhanced to Rs.44 lakhs. It was further submitted that OP abandoned new project and intimated complainant that amount deposited will be refunded with 6% p.a. interest. Alleging deficiency on the part of OP, complainant filed complaint before learned District forum. OP resisted complaint and submitted that complainant voluntarily entered in the agreement and complainant was intimated about status of the project and clause regarding cancellation of allotment on abandoning project. It was further submitted that complainant is trying to extract more money than what he is rightfully entitled and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to refund Rs. 3,50,000/- with 18% p.a. interest and further directed to pay Rs.10 lakhs as compensation. Appeal filed by OP was partly allowed by learned State Commission vide impugned order and compensation of Rs.10 lakhs was set aside against which, this revision petition has been filed.

(3.) Heard learned Counsel for the petitioner and respondent in person and perused record.