NARESH KUMAR Vs. MERA BABA REAL ESTATE PVT. LTD.
LAWS(HRCDRC)-2013-12-2
HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 11,2013

NARESH KUMAR Appellant
VERSUS
Mera Baba Real Estate Pvt. Ltd. Respondents

JUDGEMENT

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. 429/2013 - Sh. Naresh Kumar 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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