This Revision Petition, under section 21(b) of the Consumer Protection Act, 1986, by the Developer, calls in question the correctness of order dated 05.11.2008 passed by the State Consumer Disputes Redressal Commission, Union Territory Chandigarh (for short ‘the State Commission’) in Appeal No.1900 of 2008. By the impugned order, the State Commission has affirmed order dated 08.09.2008 passed by the District Consumer Disputes Redressal Forum–I, U.T. Chandigarh (for short ‘the District Forum’) in Complaint Case no. 288 of 2008. The District Forum had awarded to the Respondent/Complainant a compensation of Rs.2,50,000/- in addition to the amount deposited by him for allotment of a three bedroom flat, viz., Gorgeous Type-C, Unit Area 135.95 square meter, situated on 1st to 8th floor at Chandigarh under the Scheme “A’’, Swarn Rajat Yojana, viz., Sahara City Home Township in Chandigarh. Both the Forums below have found the Developer, Petitioner herein, to be deficient in service, inasmuch as after accepting a deposit of Rs.2,01,750/-, made on various dates commencing from 2004, for allotment of a three bedroom flat, the said flat was never constructed. As a matter of fact, at the time of launch of the Scheme, even plan for the said township at Chandigarh had not been got approved by the Developer. The grievance of the Developer is that the compensation awarded is too high. Having regard to the afore-noted concurrent finding by the Fora below, we are unable to persuade ourselves to agree with learned Counsel for the Developer. Admittedly, the project, for which the said amount had been accepted by the Developer, never saw the light of the day. We do not find any jurisidictional error in the impugned order, quantifying the afore-stated compensation, warranting our interference in revisional jurisdiction. In our opinion, the compensation awarded is adequate. The revision petition, being bereft of any merit, is dismissed accordingly, with no order as to costs. |
