Case nº Revision Petition No. 2888 Of 2011, (Against the Order dated 29/06/2011 in Appeal No. 165/2011 of the State Commission Karnataka) of National Consumer Disputes Redressal Commission, April 03, 2012 (case 1. Balakrishna Naidu and Anr 2. Sharavathi Shelters Vs Roopa)

Judge:For Appellant: Mr. H. Chandra Sekhar, Adv. and For Respondents: Mr. R. Vickramaditah, Adv.
President:Mr. Ashok Bhan, President and Mrs. Vineeta Rai, Member
Defense:Consumer Law
Resolution Date:April 03, 2012
Issuing Organization:National Consumer Disputes Redressal Commission


Complainant/respondent entered into a construction agreement with the petitioner on 8.7.2005. Under the said agreement, respondent was to pay Rs.37,30,000/- to the petitioner for construction of flat, out of which Rs.30,23,150/- were paid by her. Respondent was paying the instalments regularly. Petitioner raised an additional amount of Rs.2,67,000/- from the respondent. Respondent declined to pay the same. Petitioner informed the respondent that unless she pays the additional amount, she will not be given the flat. On this, respondent agreed to cancel the agreement and sought refund of the amount paid by her. Petitioner paid the loan amount taken by the respondent from ICICI Bank i.e. Rs.15,00,000/- on 23.11.2009. The balance amount of Rs.15,23,150/- paid by the respondent from her own pocket was not refunded. Aggrieved by this, the respondent filed complaint before the District Forum.

District Forum allowed the complaint. Petitioner was directed to pay Rs.13,23,150/- to the complainant along-with interest at the rate of 15% per annum from 23.11.2009 till realization. Rs.10,000/- were awarded as costs.

Petitioner, being aggrieved, filed the appeal before the State Commission, which has been dismissed by the impugned order.

Counsel for the petitioner contends that the petitioner...

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