RAJENDRA PROPERTIES AND INDUSTRIES Vs. R S NANDWANI

JUDGEMENT

(1.) BY this order, we propose to dispose of both the Revision Petition Nos. 1022/96 and 1023/96 as identical questions of fact and law are involved in these two petitions. The facts of the case are narrated from R.P. No. 1023/96.

(2.) MR . M.L. Behl, respondent in this revision petition filed a complaint against the revision petitioner seeking directions to the petitioner to refund an amount of Rs. 95,845/ -with interest @ 18% and compensation for the loss caused to him towards increase in the cost of construction. The petitioner gave an advertisement in the Hindustan Times dated 27th February, 1986 that booking for shops and offices in Janakpuri C -l, Shopping/Offices Complex was available and the intending purchaser could book the same. The complainant entered into an agreement with the petitioner on 24th March, 1986 for purchase of Space No. RS -1106, in the Rajendra Suehari Bhavan to be constructed on Plot No. 6, C -l, Janakpuri, Local Community Centre. The complainant paid the entire amount of Rs. 95,845/ in instalments but the possession of the allotted shop was not given to him and in fact the work at the site had been abondened by the petitioner. In these premises, the respondent approached the State Commission by way of a complaint praying therein that the petitioner may be directed to refund the amount of Rs. 95,845/ - with interest @ 18% to the complainant and also compensation for the increase in cost of construction.

(3.) THE petitioner challenged the order of the State Commission by way of an appeal before this Commission. Vide Order dated 29th April, 1994, the appeal was disposed of by this Commission with the following order :