ASHTAVINAYAK DEVELOPERS THROUGH ITS MANAGING PARTNER, GIRISH S/O MOTILAL JAISWAL, APARTMENT, NEAR SAI MANDIR, CHHATRAPATI SQ. WARDHA ROAD, NAGPUR, TQ AND DIST. NAGPUR MAHARASHTRA PETITIONER Vs. ANIT KUMAR P. PANWAR R/O

JUDGEMENT

(1.) This Revision Petition, under Sec. 21(b) of the Consumer Protection Act, 1986, by a Real Estate Developer is directed against the order, dated 09.04.2015, passed by the Maharashtra State Consumer Disputes Redressal Commission, Nagpur Circuit Bench at Nagpur (for short "the State Commission") in First Appeal No. FA/12/374. By the impugned order, the State Commission has reversed the order, dated 03.03.2012, passed by the District Consumer Disputes Redressal Forum at Nagpur (for short "the District Forum") in Complaint Case No. CC/11/211, whereby the Complainant had sought a direction to the Petitioner to refund to him a sum of Rs. 4,00,000.00, paid by him at the time of entering into an agreement, dated 22.05.2006, in respect of the plot in question, with interest, totalling Rs. 10,79,500.00. Prayer for compensation amounting to Rs. 50,000.00 and costs of Rs. 25,000.00 was also made.

(2.) Since it is not in dispute that the project, in which the Complainant had booked the plot, was never completed, the only controversy which required adjudication by the lower Fora was as to what was the principal amount deposited by the Complainant, which was to be refunded, and the compensation for not delivering the possession of the plot, the Petitioner was liable to pay to the Complainant.

(3.) On reappraisal of the material on record, while rejecting the stand of the Complainant that he had paid a sum of Rs. 2,50,000.00 in cash, on the ground that no receipt to that effect was produced, the State Commission has directed the Petitioner herein to refund to the Complainant a sum of Rs. 1,50,000.00 with interest @ 9% per annum from the date of the Complaint till realization.