M/S VAIBHAV LAXMI BUILDERS & DEVELOPERS Vs. LAXMIBAI CHINDUJI PURAM
LAWS(NCD)-2020-6-19
NCDRC
Decided on June 18,2020

M/S Vaibhav Laxmi Builders And Developers Appellant
VERSUS
Laxmibai Chinduji Puram Respondents




JUDGEMENT

S.M. Kantikar, J. - (1.) The revision petition has been filed under Section 21(b) of The Consumer Protection Act, 1986, hereinafter referred to as the 'Act', challenging the Order dated 02.09.2016 of the Maharashtra State Consumer Disputes Redressal Commission, Nagpur Circuit Bench (hereinafter referred to as the 'State Commission') in the first appeal No.A/759/09 which dismissed the appeal filed by the builder co.- OP /petitioner and confirmed the order of District Forum.
(2.) Brief facts that the M/s Vaibhav Laxmi Builders & Developers (OP/ petitioner) agreed to sell a plot to the complainant for a consideration of Rs. 10,64,027/- vide agreement dated 01.02.2008. The payment was to be made in the installments but , on 01.02.2008 the complainant made part payment in one time of Rs. 5,00,000/-. The OP agreed to develop the plot within 3 to 4 months and execute the sale deed on or before 01.02.2009. The balance amount was agreed to be paid at the time of execution of sale deed. However, the OP failed to do so. The complainant being aggrieved by the deficiency in service of OP, that non- development of land and non- refund of the money, filed a complaint no 129/2009 before the District Forum, Nagpur.
(3.) The OP filed written version and denied the deficiency. OP submitted that the complainant failed to pay the installments regularly, therefore she requested the OP to execute a new agreement. As per the terms of agreement, if three continuous installments not paid, the agreement would become void and the amount paid would be forfeited. At the request of the complainant, on 06.10.2008 a new agreement was executed by the OP and reduced the installment amount. The execution of Sale Deed was fixed on 10.02.2010, thus the complaint was prematurely filed.;


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