- (1.)Present revision petition has been filed against order dated 8.6.2011, passed by State Consumer Disputes Redressal Commission, Jaipur (for short as State Commission ) vide which appeal filed by petitioner (non-Complainant in the District Forum) has been dismissed.
(2.)Brief facts are that petitioner agreed to sell Office No. 32 super built up area of 436 sq. ft. @ Rs. 3,600/- per sq. ft. on 5th floor in Mahima Real Estate to the respondent. It was also agreed that possession of well furnished office with AC fitted would be given to the respondent in December, 2009. Respondent paid Rs. 23,440/- being 15%, through cheque on 6.6.2009 on believing the assurance of the petitioner. Respondent financed Rs. 11,79,016/- from the bank and paid to the petitioner. Petitioner allotted 327.40 sq. ft. built up area vide allotment Letter dated 12.2.2010, whereas amount of Rs. 16,71,616/- was mentioned in the letter. This amount comes for 436 sq. ft. @ Rs. 3,600/- per sq. ft., whereas only 327.40 sq. ft. area is allotted to the respondent. Price of allotted area comes to Rs. 11,78,640/-. As such, a sum of Rs. 3,92,976/- has been charged in excess from the respondent which he is entitled to recover with interest.
(3.)Respondent has prayed that excess amount be returned back to him and petitioner be directed to deliver possession of so called office to the respondent as agreed, without charging any additional charge and also to pay interest @ 18% p.a. on the advance amount and further to pay Rs. 2,00,000/- as compensation.