NCDRC

NCDRC

RP/1428/2014

ANIL KUMAR - Complainant(s)

Versus

INDIAN RAILWAY WELFARE ORGANIZATION & 2 ORS. - Opp.Party(s)

MR. SURENDER SINGH

04 Apr 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1428 OF 2014
 
(Against the Order dated 11/12/2013 in Appeal No. 526/2013 of the State Commission Chandigarh)
1. ANIL KUMAR
S/O SH.GEETA RAM, H.NO-T-53-C TYPE-III, OLD RAILWAY COLONY,
AMBALA CANTT
HARYANA
...........Petitioner(s)
Versus 
1. INDIAN RAILWAY WELFARE ORGANIZATION & 2 ORS.
RAILWAY OFFICES COMPLEX, SHIVAJI BRIDGE (BEHIND SHANKAR MARKET) TYHROUGH ITS MANAGING DIRECTOR,
NEW DELHI - 110001
2. GENERAL MANAGER, INDIAN RAILWAY WELFARE ORGANIZATION,
ZONAL OFFICE, C/O DEPUTY CHIEF ENGINEER, CONSTRUCTION COMPLEX, NORTHERN RAILWAY
CHANDIGARH
3. CHIEF PROJECT MANAGER, INDIAN RAILWAY WELFARE ORGANIZATION
ZONAL OFFICE, C/O DEPUTY CHIEF ENGINEER, CONSTRUCTION COMPLEX, NORTHERN RAILWAY
CHANDIGARH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr.Surinder Singh, Advocate
For the Respondent :

Dated : 04 Apr 2014
ORDER

          This Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (for short “the Act”) has been filed by the complainant challenging order dated 11.12.2013, passed by the State Consumer Disputes Redressal Commission, U.T. Chandigarh, in F.A. No.526/2013.  By the impugned order, the State Commission has affirmed the common order, dated 30.10.2013, passed by the District Consumer Disputes Redressal Forum-II, U.T. Chandigarh, dismissing petitioner’s complaint along with other connected complaints, questioning the demand of additional amount(s) by the respondents for the flats allotted to them. 

The short question that came up for consideration before the lower fora was whether the price quoted in the brochure issued for sale of flats under the Railway Group Housing Scheme, 2010 in Rail Vihar, VIP Road, Zirakpur (Punjab) was tentative or final. 

On an appraisal of the documentary evidence placed on record by both the parties and drawing support from Conditions No.6.1 and 9.5 in the brochure and Note No.1 of the Payment Schedule appended thereto, both the Forums have come to the conclusion that the price mentioned in the brochure was purely tentative and was subject to increase, depending upon the labour and material cost; alteration in specifications and for any other unforeseen reasons.

The said concurrent finding of fact recorded by the fora below being based on unambiguous terms and conditions of the sale documents cannot be said to be illegal or materially irregular, warranting our interference under the revisional jurisdiction.  The Revision Petition is dismissed accordingly.

 

 
......................J
D.K. JAIN
PRESIDENT
......................
VINAY KUMAR
MEMBER

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