OMAXE CONSTRUCTION LTD. Vs. RAJESH JALE

JUDGEMENT

(1.) The complainant booked a plot with the petitioners in a project namely '? "maxe City' which the OP was to develop in Sonepat. Vide letter dated 25.10.2006, plot no.179 in the aforesaid project was allotted to the complainant. No sale agreement however, was executed between the parties. Out of the agreed sale consideration of about Rs.19 lacs, the complainant paid Rs.8,64,000/- to the petitioners. The allotment came to be cancelled vide letter dated 08.03.2010 alleging therein that the complainant had failed to make the balance payment in terms of the demand raised by the petitioners. The complainant therefore, approached the concerned District Forum by way of a Consumer Complaint filed on 11.05.2015, seeking restoration of the allotment or refund of the amount paid by him to the petitioners with interest and compensation.

(2.) The complaint was resisted by the petitioners who admitted the allotment made to the complainant but alleged that he had failed to pay the balance amount and therefore, the allotment was cancelled vide letter dated 08.03.2010 and the booking amount was forfeited.

(3.) The District Forum, vide its order dated 17.02.2017, allowed the Consumer Complaint and directed refund of the amount of Rs.8,64,000/- with interest.