KRISHNA Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This revision petition has been filed by the petitioner complainant Smt. Krishna against the order dated 24.09.2008 passed by the State Consumer Disputes Redressal Commission, Haryana, (in short 'the State Commission') in FA No.198/2007.

(2.) Brief facts of the case leading to the present revision petition are that the petitioner complainant purchased a booth in auction from the respondent opposite party for a total consideration of Rs.3,25,000/- (Rupees three lakhs twenty five thousand only) and paid 10% of the total cost as Rs.3,2,500/- at the time of bidding. The opposite party issued a letter of allotment dated 24.4.2002 wherein 15% of the total consideration amount i.e. Rs.48,750/- was demanded from the complainant which was to be paid within 30 days. The complainant could not pay this amount within the stipulated time and the opposite party finally cancelled the allotment vide its letter dated 17.02.2003 and forfeited the amount deposited as per the condition of the allotment letter. The complainant then filed a consumer complaint before the District Consumer Disputes Redressal Forum Rewari, (in short 'the District Forum') being complaint No.284 of 2004. The complaint was resisted by the opposite party on the ground that the complainant did not deposit the 15% of the consideration amount within the stipulated time of 30 days and hence as per the condition of the allotment letter the allotment was cancelled. However, the District Forum after giving a finding that the booth was still available for allotment passed following order dated 20.09.2005 allowing the complaint:-

(3.) Aggrieved with the order of the District Forum, the opposite party preferred an appeal bearing No.198 of 2007 before the State Commission.