DLF COMMERCIAL DEVELOPERS LIMITED Vs. RAVINDER ZUTSHI

JUDGEMENT

(1.) PETITIONER , DLF Commercial Developers Limited, was the opposite party before the District Forum, where the respondent/complainant had filed a complaint alleging deficiency in service on the part of the petitioner.

(2.) UNDISPUTED facts of the case are that the respondent/complainant had booked office space at DLF Galleria in 1998 and had paid a sum of Rs. 4,41,838 against the total consideration of Rs. 16,35,000. After paying these two instalments of the above -mentioned amount, the complainant vide letter dated 18.5.99 requested the petitioner to cancel the allotment and refund the amount on account of some unavoidable circumstances. As a result of this, the petitioner refunded the amount of Rs. 1,98,640 on 23.2.2002. It was the case of the complainant that the balance amount of Rs. 2,43,198 was still to be refunded by the petitioner, to the respondent/complainant, being the balance deposited amount. When the matter was not getting sorted out between the parties, a complaint was filed before the District Forum, who partly allowed the complaint and directed the petitioner to refund the amount after deducting 10% of the basic sale -price, i.e., Rs. 80,127, along with interest @ 12% from 1.8.99 till the date of realisation together with cost of Rs. 5,000. Aggrieved by this order, an appeal was filed by the petitioner before the State Commission, who dismissed the appeal, hence this revision petition before us.

(3.) WE heard the learned Counsel for the petitioner and the respondent, in person at some length and perused the material on record. The learned Counsel for the petitioner has drawn our attention to Clauses 10 and 11 of the agreement between the parties, which read as under: