NCDRC

NCDRC

RP/2171/2010

SAHARA INDIA PARIVAR & ANR - Complainant(s)

Versus

SANTOSH KUMAR AGARWAL - Opp.Party(s)

MR. GUNJAN KUMAR

22 Jul 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2171 OF 2010
(Against the Order dated 08/03/2010 in Appeal No. 688/2009 of the State Commission Chhattisgarh)
1. SAHARA INDIA PARIVAR & ANRThrough: Branch Manager, Branch Office, Khandelwal Complex, Ramadhin MargRajnandgaonChhattisgarh2. SAHARA INDIA PARIWARManager, Sahara India Centre-2, Kapurthala Complex, AligajLucknow - 226024Uttar Pradesh ...........Petitioner(s)
Versus
1. SANTOSH KUMAR AGARWALR/o- Savitri Sadan, Baldevgarh, Tehsil & District- RajnandgaonRajnandgaonChhattisgarh ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE K.S. GUPTA ,PRESIDING MEMBERHON'BLE MR. S.K. NAIK ,MEMBER
For the Petitioner :MR. GUNJAN KUMAR
For the Respondent :NEMO

Dated : 22 Jul 2010
ORDER

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By floating scheme the petitioners/opposite parties invited applications from public for houses/flats. Pursuant to that scheme the respondent/complainant deposited Rs.90,800/- on 31.12.2004 and Rs.1,81,600/- on 29.8.2005 for booking a house/flat with the petitioners. Respondent alleged that as per the scheme first phase of construction was to be completed in the year 2007. However, construction was not started. His request to allot a flat at Nagpur was also declined by the petitioners. Attributing deficiency in service complaint was filed by the respondent claiming certain reliefs which was contested by the petitioners. Fora below has returned the finding that no houses/flats for which advertisement was given, had been constructed by the petitioners. In the pamphlet Annexure C-3 assurance was given that in the first phase the members will start living in the houses/flats in the year 2007. On enquiry, Sri Kumar states that because of lack of necessary sanctions the petitioners have not been able to start the construction so far. In this backdrop we do not find any illegality or jurisdictional error in the order of State Commission affirming the order of District Forum for refund of the deposited amount with interest and pay amount of Rs.50,000/- towards increase in cost of construction to the respondent, by the petitioners. Dismissed.



......................JK.S. GUPTAPRESIDING MEMBER
......................S.K. NAIKMEMBER