RAJEEV SETH Vs. PUNJAB STATE FEDERATION OF COOPERATIVE HOUSE BUILDING SOCIETIES LIMITED
LAWS(UTRCDRC)-2006-12-9
UNION TERRITORY STATE CONSUMER DISPUTE REDRESSAL COMMISSION
Decided on December 08,2006

Rajeev Seth Appellant
VERSUS
Punjab State Federation Of Cooperative House Building Societies Limited Respondents

JUDGEMENT

- (1.)THIS appeal has been directed by the complainant against order dated 31.10.2006 passed by Consumer Disputes Redressal Forum -II, U.T. Chandigarh (hereinafter to be referred as District Consumer Forum), vide which his complaint was dismissed as merit less.
(2.)BRIEFLY stated the facts are that appellant (complainant) had submitted an application form for the allotment of Category -II builtup flat with covered area of 1297.33 sq. fts. and was to deposit Rs. 1.30 lacs initially but by mistake, he deposited by draft Rs. 1.50 lacs instead of Rs. 1.30 lacs for allotment of a flat of Category II at Jalandhar. The photocopy of the demand draft is Annexure C -1. This application along with demand draft was deposited on 8.5.2005 and thereafter he went to Delhi for arranging remaining amount of Rs.1.63 lakh which was to be deposited within 30 days of the allotment of flat. However, in spite of his best efforts, he could not arrange the balance amount.
(3.)IT was further averred that on 11.5.2005 i.e. within three days of the submission of application form for the allotment of said category flat, he contacted the Junior Engineer from his cellphone and brought to his notice that he could not arrange the finance for the allotment of the flat and the Junior Engineer Arun Sharma advised him to apply for surrender/cancellation of the flat to their head office at Chandigarh and the photocopy of the calls made from his cellphone from 24.4.2005 to 23.5.2005 are Annexure C -2.
It was next averred that on 12.5.2005 he visited the head office of OP and personally handed over his application for cancellation of flat which is Annexure C -3. To his surprise, he received allotment letter of flat on 13.5.2005 although he had informed the Junior Engineer on his cellphone on 11.5.2005 for cancellation of the application and also by submitting written request for cancellation/surrender at Chandigarh on 12.5.2005. The photocopy of the allotment letter is Annexure C -4 and that of envelope containing the letter is Annexure C -5.



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