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C. VISWANATH, SUBHASH CHANDRA
Dears Farm Colonizers & Builders – Appellant
Versus
Harry Joseph – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mohd Anis Ur Rehman, Advocate
For the Respondent:Mr. Sanjeev Kumar Verma, Advocate along with Complainant - In Person

ORDER

Subhash Chandra—This revision petition under section 21 of the Consumer Protection Act, 1986 (in short, the ‘Act’) assails order dated 12.10.2009 of the State Consumer Dispute Redressal Commission, Chhattisgarh, Raipur (in short, ‘State Commission’) dismissing First Appeal No.469 of 2008.

2. In brief, the facts of the case are that respondent in response to an advertisement by the petitioner, who is a colonizer and builder, booked a plot in Nehru Nagar, Rajnandgaon on 15.09.1999 by depositing Rs 5,000/-. He thereafter paid Rs 24,000/- through 12 monthly installments of Rs 2,000/- and another lumpsum installment of Rs 20,000/- on 20.04.2002. However, as no sale deed was executed, the respondent issued a legal notice and thereafter filed a complaint before the District Consumer Disputes Redressal Forum, Rajnandgaon (in short, ‘District Forum’). The petitioner contends that the respondent failed to comply with the conditions of the booking and defaulted in payment of installments resulting in the cancellation of booking on 26.05.2002 with forfeiture of deposited amount. The District Forum allowed the complaint of the respondent. The petitioner approached the State Commission in

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