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RAKESH SAKSENA, NEERJA SINGH
CHANDRA PRABHU HOMES PVT. LTD. , INDORE – Appellant
Versus
SUNIL KUMAR SAHU INDORE – Respondent


Advocates Appeared:
V.K. Saxena, Advocate, for the Appellant; Vishnu Tiwari, Advocate, for the Respondent

ORDER

Rakesh Saksena, J.—Petitioner/opposite party has filed this revision against the order dated 16.7.2013 passed by District Forum, Indore in CC No. 318/2008 where by the application filed by the petitioner under Order 19, Rule 1 and 2 read with section 151, CPC for cross-examination on the affidavits of complainant has been dismissed.

2. In short, the facts of the case are that respondent/complainant booked a plot in petitioner/Society. According to complainant, the rate of land was Rs. 125/- per sq.ft.. For the plot of 30 x 50 sq. ft. the price was therefore, Rs. 1,87,000/-. Out of this amount, he had deposited Rs. 1,10,000/- in the petitioner/Society and only Rs. 77,000/- were due to be paid for registration of the plot. Since the Society failed to execute the sale deed, complainant approached to Forum.

3. The petitioner/opposite party contested the complaint stating that the rate of land was Rs. 200/- per sq. ft. The cost of plot was Rs. 3,00,000/-, but since complainant deposited only Rs. 75,052/- he was deprived of the lots drawn for allotment of the plot. Despite notice, complainant paid no amount therefore, his membership was cancelled and he was asked to receive the deposi

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