VINOD KUMAR GANDHI Vs. PURI CONSTRUCTIONS PVT. LTD.

JUDGEMENT

(1.) This revision petition is directed against the order of Delhi State Consumer Disputes Redressal Commission (in short, "State Commission") dated 17.7.2014 in appeal No.40/2012 whereby the State Commission concurred with the order of dismissal of the complaint passed by the District Forum-VI, New Delhi.

(2.) Briefly stated facts relevant for the disposal of revision petition are that the petitioner/complainant pursuant to the scheme lodged by the respondent booked a residential plot with the respondent/opposite party and deposited Rs.5 lakhs as booking amount. Thereafter, vide provisional allotment letter dated 26.2.2008, the petitioner/complainant was allotted a plot no.C-2/902 located at 9th floor alongwith provisional allotment letter and indicative terms and conditions were sent and the petitioner was called upon to return the indicative terms and conditions after signing the same if he was agreeable to the offer given by the opposite party vide letter dated 26.2.2008. The petitioner was not interested in allotment of flat at 9th floor. He requested for a change which was not granted and therefore, the petitioner asked for refund of his money. The opposite party after deducting a sum of Rs.50,000/- being 10% of the booking amount, refunded Rs.4,50,000/- to the complainant. Being aggrieved of deduction of Rs.50,000/- the petitioner raised a consumer dispute before District Forum-VI, Delhi.

(3.) On being served with notice of the consumer complaint, the respondent/opposite party filed written statement claiming that respondent has rightfully deducted 10% of the booking amount being earnest money because the petitioner had backed out of the contract.