IMPORTANT POINT
Concurrent finding of fact recorded by both Fora below cannot be disturbed in revision.

Revision Petition No. 21/2015 has been filed by a Real Estate Developer, viz. Sahara Prime City Ltd. (in short, “Sahara”), the sole Opposite Party in the Complaint, under Section 21(b) of the Consumer Protection Act, 1986 (in short, “the Act”), questioning the correctness and legality of the order dated 07.10.2014 passed by the State Consumer Disputes Redressal Commission, Rajasthan, Bench No.2, Jaipur, (in short, “the State Commission”), in First Appeal No. 521/2014. A cross Revision Petition (No.2458/2016) has been filed by the Complainant, against the aforesaid order,, inter-alia, praying for enhancement of the compensation from Rs.3,00,000/- awarded by the State Commission to Rs.30,00,000/-. Since both the Revision Petitions arise out of a common order, these are being disposed of by this common order.

2. In order to appreciate the controversy involved, a brief reference to the material facts would be necessary. These are:

2.1. Sometime in the year, 2004, Sahara launched a residential Scheme, christened as “Sahara Prime City Homes”. On 31.12.2004, the Complainant applied for allotment of a “Type-B” Flat under the said Scheme by depositing an amount of Rs. 1,00,000/- as token advance. Vide letter dated 16.05.2005, while confirming the Booking, the Complainant was informed by Sahara that 10% of the Unit price was to be deposited in 24 equal monthly instalments. The price of the Unit was fixed at Rs.17,15,000/-. According to the Complainant, 5% of the cost of the flat was to be adjusted from the deposit already made by him and 85% of the balance amount was to be paid by him at the time of delivery of possession in the year 2007. On 03.06.2009, the Complainant received a letter from Sahara, in which a payment schedule of the balance amount of 85% was given and he was required to deposit monthly equated instalments of Rs. 40,493/- commencing from 01.07.2009, for 60 months. He was informed that thereafter, the possession of the flat would be delivered to him. Vide his letter dated 13.07.2009, the Complainant objected to the demand of 85% of the Unit price before delivery of possession of the Flat. While registering his protest to the said demand and pointing out that the possession of the Unit was expected to be delivered by the end of 2007, he made it clear to Sahara that though he had accepted the allotment, but he was not agreeable to the payments as demanded in the said letter. It was also stated that if no reply to the said letter was received, within a period of 20 days thereof, he will be free to resort to any action, available to him, to safeguard his interest.

2.2. Admittedly, there was no response to the said letter from Sahara. Instead, Sahara started issuing reminders to the Complainant, asking him to deposit the amounts demanded in the aforesaid letter, threatening that in the event of non-payment of the said amounts along with interest @ 15% p.a., by the due date, they will be free to exercise their option for cancellation of the Unit, allotted to him. It is not in dispute that as such there is no document on record to show that the allotment of the flat allotted was actually cancelled and intimation in that behalf was sent to the Complainant.

2.3. Faced with absolute silence on the part of Sahara and ……perhaps left with no other alternative, the Complainant filed the Complaint, sometime in the year 2011, inter alia, praying for a direction to Sahara to complete the construction of the allotted flat by the year 2012 and deliver possession thereof upon his payment of the balance 85% of the total consideration. In the alternative, it was prayed that if Sahara was unable to deliver possession of the flat, Sahara may be directed to refund the amount deposited by him, viz., Rs. 2,25,250/-, along with interest @ 24% p.a., from the date of deposit, till the date of realisation alongwith compensation of a sum of Rs. 8,00,000/-.

3. The Complaint was contested by Sahara on diverse grounds, including its maintainabi