Dr. (Mrs.) R. Thamarajakshi, Member— First Appeal 111 of 1995 is directed against the order-dated 31.1.1995 passed by the Tamil Nadu State Consumer Disputes Redressal Commission in Original Petition No. 218/94. The complainant is the appellant herein.

2. Facts of the case lie in a narrow compass. The complainant, owner of a plot entered into a Housing Property Development Agreement with the opposite party builder and developer on 28.1.1992 for construction of Deluxe Category Residential Flats and allotment of 52% of the built up area in the form of flats to the complainant, the consideration, there for being the transfer of ownership to the opposite party of the undivided 48% of the land with an apparent value of Rs. 12,42,600/-. In order to ensure due performance of the agreement, the opposite party deposited a sum of Rs. 5,00,000/- with the complainant as Earnest Money Deposit to be returned by the latter after the satisfactory completion and handing over of the flats to the complainant. On 27.11.1993, the complainant received a letter from the opposite party informing him that the 4 flats were ready for delivery and requesting him payment of Rs. 5,82,247/- which included the