RITU AGGARWAL Vs. MERA BABA REAL ESTATE PVT. LTD.
HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Mera Baba Real Estate Pvt. Ltd.
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K.S.CHAUDHARI,PRESIDING MEMBER -
(1.) THIS revision petition has been
filed by the petitioner against the order dated 12.08.2013 passed by
Haryana State Consumer Disputes Redressal Commission, Panchkula (in
short, the State Commission) in Appeal No. 428/2013 - Smt. Ritu
Aggarwal Vs. M/s. Mera Baba Real Estate Pvt. Ltd. by which, while
allowing appeal, order of District Forum dismissing complaint was set
aside and matter was remanded.
(2.) BRIEF facts of the case are that complainant/petitioner booked a plot with OP/respondent by depositing 20% of the price of the plot vide
receipt dated 31.3.2006. OP booked the aforesaid plot without obtaining
any licence from Director Town and Country Planning, but later on it was
issued to the OP on 3.12.2007. Possession of the plot was to be delivered
to the complainant within 12 months from the date of booking. Alleging
deficiency on the part of OP in not giving possession of plot complainant
filed complaint before District forum. OP resisted complaint and
submitted that complainant failed to make payment of balance instalments
despite repeated requests and reminders; so, possession of plot could not
be delivered to him and prayed for dismissal of complaint. Learned
District Forum after hearing both the parties dismissed complaint being
barred by limitation, as plot was booked on 31.3.2006 and complaint was
filed after 6 -7 years. Complainant filed appeal before State Commission
and learned State Commission vide impugned order treating complaint in
limitation allowed appeal and remanded the matter for deciding complaint
on merits against which, this revision petition has been filed.
(3.) HEARD learned Counsel for the petitioner at admission stage and perused record.
Learned Counsel for the petitioner submitted that learned State Commission ought to have decided appeal on merits also and has committed
error in remanding the complaint; hence, revision petition be admitted
and impugned order be set aside and State Commission be directed to
decide appeal on merits.;
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