KIRAN SURI Vs. MANAGING DIRECTOR HOUSEFED PUNJAB

JUDGEMENT

(1.) -THIS appeal has been directed by the complainant against order dated 16. 11. 2007 passed by Consumer Disputes Redressal Forum-II, U. T. Chandigarh (hereinafter to be referred as District Consumer Forum), vide which his complaint was dismissed as meritless against respondent No. 2-HDFC Ltd. but against respondent No. 1- Housefed it was allowed and respondent No. 1 was directed to modify its impugned order dated 13. 4. 2006 regarding cancellation of the flat of appellant and to intimate liability as on 1. 3. 2006 when appellant had approached respondent No. 1 vide letter dated 28. 2. 2006 Annexure C-2 for acceptance of the amount along with interest that had accrued and resultantly fallen due for payment in respect of the delayed payment and it was further directed to treat the application money of appellant towards part payment of the total liability in respect of the flat allotted and wrongly cancelled and he was further entitled to compensation of Rs. 25,000 besides costs of litigation amounting to Rs. 3,000.

(2.) BRIEFLY stated the facts are that appellant (complainant) was working as an officer in a nationalized bank. He submitted his application for allotment of a flat on 26. 10. 2005 along with requisite documents with HDFC Ltd. (respondent No. 2 ). As per the finance scheme of HDFC Ltd. , the appellant was required to deposit Rs. 6,000 being 10% of the application money, while Rs. 54,000 were to be financed by HDFC Ltd. respondent No. 2. Accordingly respondent No. 2 had sent an amount of Rs. 60,000 to respondent No. 1 for allotment of flat under the cooperative Housing scheme of built-up flats at Amritsar.

(3.) AS per terms and conditions of the scheme for allotment of flats contained in the brochure Annexure C-1 of respondent No. 1, no fixed date was given for draw of lots but it was only stated that draw of lots would took place within a period of 60 days from the closing of the scheme which was to be closed on 31. 10. 2005.