The apex consumer commission has denied Rs 50,000 compensation to a man from a real-estate firm here for causing him harassment by not returning amount paid for a undelivered flat, noting that he had not sought it in his complaint filed before consumer the fora.
While setting aside the order passed by Punjab State Consumer Disputes Redressal Commission, which had awarded Rs 50,000 compensation to Rana Ranjit Singh Dhillon, the National Consumer Disputes Redressal Commission (NCDRC), presided by Justice K S Chaudhary, noted that the state commission had asked JTPL Township (P) Ltd to pay the compensation, without any prayer for it in the complaint.
"State commission allowed compensation of Rs 50,000 without any prayer in the complaint. Unless any amount is claimed in complaint for mental agony and harassment, state commission ought not have allowed compensation of Rs 50,000 on this count and revision petition is to be allowed," the NCDRC said.
Dhillon had earlier approached a district consumer forum claiming that he had booked a flat with the firm and paid Rs three lakh in April 2006.
Construction was to be completed within six months from the date of registration, however, the firm did not start the construction in the expected time and, thereafter, Dhillon requested for the refund the amount but it was not refunded, he claimed.
The firm had denied the allegations saying that Dhillon never requested for refund of amount.
The district forum, however, had directed the firm to refund Rs three lakh and also directed it to pay Rs 9,000 to Dhillon.
However, Dhillon filed an appeal before state commission which further asked the firm to pay Rs 50,000 as compensation for harassment and mental agony.
