Heard learned counsel for both the parties.

2.       This appeal is filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to these appeals shall be referred to with reference to their respective status before the learned District Forum.

3.       Learned counsel for the appellant submitted that the OP floated a scheme namely, Jyotsna Vihar” plotted scheme asking the public to submitapplication if willing to purchase 10,000 sqft of land at the cost of Rs.9,50,000/-.Complainant accordinglyapplied for the same and paid 800/- towards non-refundable membership fee to the OP. On 15.12.2006, complainant entered an agreement with the OP. Complainant made advance payment of Rs.1,00,000/- in cash to the OP and promised to pay Rs.8,50,000/- at the time of registration. Complainant alleged that although he has paid the entire consideration but  the OP taking some other plea did not register the sale deed. Therefore, alleging deficiency in service on the part of the OP, the complaint was filed.

4.       Learned counsel for the OP submitted that the learned District Forum has committed error in law by not considering the terms and conditions of the agreement. Since there is defect in the order regarding fact and law and no discussion is made in the order itself, it is liable to be set aside by allowing the appeal.

5.       Learned counsel for the respondent submitted that the complainant has made detail agreement but it was agreed between theparties that still Rs.7,50,000/- OP has to pay because neither the OP gave the real plot nor refunded the amount. Therefore, he supports the impugned order.

6.       Considered the submission of respective counsels and perused the impugned order including the DFR.

7.       It is true that the complainant has applied to the OP to purchase a plot under plotted scheme and he was assured to give plot. All these things have not been written in the order because the aforesaid impugned order has not disclosed the fact and law. Even also issue has not been framed as per the provision of the Act. In such circumstances, we are no other opinion than to allow the appeal and remand the matter to the learned District Forum for denovo hearing in the matter. Accordingly the appeal is allowed by setting aside the impugned order and both parties are at liberty to produce the evidence before the learned District Forum and learned District Forum has to dispose of the matter within 45 days from the date of receipt of this order without being influenced by any observation passed by this Commission. Both the parties are directed to co-operate for disposal of the case on merit. No cost.

          DFR be sent back forthwith.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.