1. Heard Mr. A. Dhar, learned Counsel, appearing for the appellant. Also heard Mr. B. K. Jain, learned Counsel, appearing for the respondent.

2. This is an appeal filed under S.15 of the Consumer Protection Act, 1 986, against the common judgment and order dated 28/06/2013 passed by the learned District Commission, Cachar at Silchar, in Consumer Case No. 4 of 2012.

3. The respondent as complainant filed the complaint petition alleging that the present appellant who was the opposite party in the said complaint case, intended to sale the superstructure of a flat measuring 1318 Sq. ft. and the respondent / complainant intended to purchase the same located at Ambicapatty within Silchar Town and thereafter entered into a registered agreement bearing No. 293/2005. The total consideration money was fixed at Rs.4,02,450 and out of the same, the respondent / complainant paid a sum of Rs.1,40,000 as advance to the appellant / opposite party on 30/03/2005. Alleging that the appellant / opposite party intentionally failed to maintain the agreed stipulation in carrying out the construction of the flat and demanding more money beyond the consented one in violation of the contract, further demanded