FATAH CHAND Vs. MAHIMA REAL ESTATE PRIVATE LTD.

JUDGEMENT

(1.) The appellant/complainant, Fatah Chand has filed this appeal, under Section 19, read with Section 20(a)(ii) of the Consumer Protection Act, 1986, against the impugned order dated 9.3.2015, passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (hereinafter referred as the 'State Commission') in Consumer Complaint No.60/2013, vide which, the said complaint was ordered to be dismissed on the ground that the complainant failed to make payment for the flat allotted to him by the OP/respondent, as per the terms and conditions of the allotment, and there was no deficiency in service on the part of the OP/respondent.

(2.) It was stated by the complainant in the consumer complaint before the State Commission that he booked Flat No. B-1101 of 1130 sq. ft. area on 14.1.2011 for the Nirvana Residential Scheme of the OP, Mahima Real Estate Pvt. Ltd., Jaipur. An agreement was also signed between the parties on 14.1.2011 and the complainant paid a sum of Rs.1 lakh as partial payment to the company, for which receipt no.12265 dated 18.1.2011 was issued in his favour. It has been alleged that the OP-builder sold the said flat no. B-1101 to some other person and hence, committed fraud and misrepresentation with the complainant. The complainant was asked to obtain Flat No. F-1102 of area 1294 sq. ft. by the OP, for which he gave his consent. It is further alleged in the consumer complaint that the OP-builder unilaterally and wrongly cancelled the allotment made in favour of the complainant on 4.1.2013 and refunded an amount of Rs.97,940/- to him by cheque. The complainant alleged that since the prices of the flats, in question, had increased over a period of time, the OP company wanted to take undue advantage from the same and hence, they illegally cancelled the allotment made in his favour. The complainant filed the consumer complaint in question, seeking directions to the OP company to provide him Flat No.F-1102 at the price of Rs.21,36,394/- as mentioned in the agreement. It was also stated in the complaint, that if the said flat had been handed over to some other person, the complainant may be provided a similar flat elsewhere at the same rate, at which the original allotment was made, i.e. @ Rs.1651/- per sq. ft. In addition, the complainant wanted a compensation of Rs.5 lakhs against mental harassment and a further sum of Rs.10 lakhs as compensation on other grounds.

(3.) The State Commission, after taking into account the averments of the parties, dismissed the complaint, observing that many letters had been sent to the complainant by the OP-respondent to deposit the amount after booking of the flat. However, the OP cancelled the registration of the flat, because of the failure of the complainant to deposit the balance amount of money. Being aggrieved against the said order, the appellant/complainant is before this Commission by way of the present revision petition.