YOGESH NANDLAL HEDA Vs. SUBAL CONSTRUCTION

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Shri Yogesh Nandlal Heda against the order dated 23.07.2013 of the State Consumer Disputes Redressal Commission, Maharashtra (in short 'the State Commission') passed in First Appeal No.A/10/971.

(2.) Brief facts of the case are that the petitioner/complainant booked two flats with the request to combine them together with the respondent No.1/opposite party No.1. He paid Rs.2,61,750/-. The project was coming up on land held surplus under the provisions of Urban Land Ceiling Act, 1976. The Government had granted the permission to raise construction only for economically weaker sections (EWS) and for persons who do not hold any unit in that city. The opposite party did not allot the flat to the complainant as he did not submit the affidavit in respect of not holding any unit in the city as alleged by the opposite party. The complainant then filed a consumer complaint before the District Consumer Disputes Redressal Forum, Kolhapur (in short 'the District Forum') being complaint No.126/1995, which was contested by the opposite parties. The District Forum dismissed the complaint on the ground that the complainant was not eligible to apply under the scheme, however the District Forum directed opposite parties to refund the amount of Rs.2,61,750/- deposited by the complainant without any interest.

(3.) The complainant preferred appeal bearing No.A/10/971 before the State Commission and the State Commission dismissed the appeal vide its order dated 23.07.2013.