NAVBHARAT DWELLING PVT. LTD Vs. GURUCHARAN SINGH

JUDGEMENT

(1.) The present Appeal is filed by the Appellant under Section 19 of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, Chhattisgarh (hereinafter referred to as the "State Commission") in Complaint No. 97/2017 dated 03.05.2018.

(2.) In the Complaint, the Respondent/Complainant stated that he booked kings town Plot No. G-52, House No. 52 Block No. G with Appellant/Opposite Party at Project Dunda Old Dhamtari Road, Opposite Government School, Raipur, Chhattisgarh. On 30.06.2013, an Agreement was executed between the parties and possession was to be given in July, 2016. The Respondent paid Rs.25,30,000/- on various dates to the Appellant. The Respondent visited his booked plot but no work was started or done. Every time he was assured by the Appellant that work would be started very soon, but in vain. The Respondent asked the Appellant to refund the amount paid along with interest as the Appellant clearly stated that there was no chance of commencing the construction. Further, the Respondent entered into an agreement with the Appellant on 25.04.2017 for refund of the amount paid towards purchase of the plot. On 27.04.2017, the Appellant refunded Rs.5,00,000/- by RGTS. The balance amount was, however, not refunded by the Appellant despite repeated requests. Thus, the Complaint was filed.

(3.) State Commission, vide order dated 03.05.2018, partly allowed the Complaint and directed that :-