JUDGMENT

P.K. Balasubramanyan, J. — Leave granted.

2. This appeal challenges the decision of the National Consumer Disputes Redressal Commission

3. The appellant is a construction company. The respondent sought to purchase an office room in the third floor of a building being constructed by the appellant. The parties agreed to sell and purchase. According to the company the purchase price was fixed at Rs.7,75,000/-. Documentation, registration and other expenses were to be borne by the respondent Rs.5,00,000/- was paid by cheque. The balance due, was Rs. 3,41,190/-. The respondent had not paid the said sum. The sale transaction was, therefore, not complete. The room was not put in the possession of the respondent. The terms of the transaction were reduced to writing by an agreement dated 27.7.1997.

4. The respondent approached the District Consumer Redressal Forum with a complaint. His case as per his amended complaint was as follows:

On 4.7.1997 the company agreed to sell a room having an area of 260 sq.ft. for a price of Rs.9,00,110/-. The amount was paid in a lump. Receipt for Rs.9,00,110/- was issued. The company issued an allotment letter dated 22.7.1997. On 31.7.1997 the agree