PUJA CONSTRUCTIONS LIMITED Vs. BALJIT KAUR RANGER

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 27.09.2016 passed in Appeal No. 1051 of 2016 by Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'State Commission') whereby the State Commission dismissed the appeal and upheld the order of the District Consumer Disputes Redressal Forum-II, Jaipur.

(2.) The brief facts are that the complainant, Baljit Kaur Rangar booked a residential flat in the year 2006 in the project of Pooja Constructions Ltd./OP at Jaipur. The possession was to be delivered by OP within stipulated time of one year. However, the project got delayed and the petitioner did not start the construction work for a long time. Even the excavation work at the site was not performed. The complainant had paid a total sum of Rs.13,38,000/- to the OP; however, the possession of flat was not handed over to the complainant. The OP kept on demanding money irrespective of no construction work at the site. The complainant through email communication dated 8.4.2011 requested the OP to cancel the booking and refund the money paid by him. The OP neither handed over the possession of the flat nor refunded the money to the complainant. Hence, the complainant filed a complaint before the District Forum-II, Jaipur.

(3.) The OP resisted the complaint and raised preliminary objection with regard to the limitation. The OP stated that as per the Arbitration clause in the agreement, the arbitrator was appointed by the OP, but the complainant did not turn up for arbitration. It was further stated that the complainant did not deposit the remaining amount, outstanding on 1.9.2007 i.e. 70% of the price of the flat; therefore, there was no deficiency on their part.