2007 (2) TMI 329

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.... to as "the Commission") dated 13-9-2004 in C.A. No. 193 of 2001. 2. Heard learned counsel for the parties and perused the record. 3. The case of the appellant is that after applying for a flat under the "Indira Puram Housing Scheme" in the year 1994, a reservation letter dated 30-3-1994 was received by him and he was asked to pay seven instalments on the specified dates. The amount as well as the dates on which the instalments were to be paid was mentioned therein. The applicant started paying the instalments as demanded. Subsequently, he opted out for a HIG flat, which was also allotted to him vide letter dated 17-5-1994. No additional demand was asked for in the second letter. The instalments were duly paid as demanded. Thereafter,....

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....ats. The respondent also made no efforts to issue demand letters in respect of the remaining amount subsequent to the year 1995 when the last instalment was paid. On the other hand, the applicant was given an assurance that the possession of the flat would be given to him in the near future. The applicant, therefore, had no alternative but to ask for refund of the amount as deposited. The respondent on its side has no explanation for either not demanding the remaining amount or handing over the possession of the flat. Even the averments of the applicant that the house is not yet ready has not been strongly refuted. Thus it is a clear case of deficiency of services on the part of the respondent. As a result of such unfair trade practices, th....