Anirudh Thareja Vs K.K. Vedi

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION 11 May 2001 522 of 2000 2002 1 CPC 366 : 2002 2 AWC 129
Acts Referenced

Judgement Snapshot

Case Number

522 of 2000

Hon'ble Bench

D.P. Wadhwa, C.L. Chaudhary, J.K. Mehra, B.K. Taimni

Advocates

Revision dismissed

Acts Referred

<a href=3999>Consumer Protection Act, 1986</a>, <a href=3999-2>Section 2</a> - Definitions

Judgement Text

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1. Complainant is the petitioner before us. His complaint was dismissed by the District Forum and appeal to the State Commission met the same

fate. Respondent is the President of Nutan Aryawart Co-operative Group Housing Society Ltd.

2. On 27.2.1997, complainant paid a sum of Rs. 1,15,110 to the respondent for booking a flat after becoming member of the respondent society.

He resigned from the membership of the society on 10.11.1998 and sought refund of the amount paid by him. On 30.11.1998 an amount of Rs.

1,14,000 was refunded to him after society deducted its administrative charges. In the District Forum, the complainant claimed interest on the

amount originally paid by him from 27.2.1997 till 10.11.1998. He also prayed further sum of Rs. 50,000 on account of escalation in price of the

flat and Rs. 25,000 on account of mental agony. Complainant said that he was promised that he will be given flat within 3-6 months period. This

promise has been denied by the society. The contention of the society was that as per its bye-laws, it had to deduct administrative charges and

immediately on the resignation of the complainant the amount paid was refunded to him in full and final settlement of all his dues. In fact,

complainant signed the vouchers in full and final settlement of his dues. In these circumstances. District Forum did not find any deficiency in service

on the part of the society and dismissed his complaint. In appeal. State Commission has affirmed the view taken by the District Forum. We do not

think there is anything wrong in the approach adopted by the District Forum and the State Commission. Revision petition is dismissed.

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