Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member:- 

Revisionist and its Counsel absent.  Today’s date is duly intimated to the revisionist.  There is a sister revision petition wherein today’s date is given and which was also noted by the revisionist.  Instead of that revisionist is absent.  Hence, we proceeded to scan the impugned order and  material placed before us. 

Undisputed facts are that org.complainant, Mr Dinesh J.Singh has booked a flat with the revisionist/org.opp.party and the agreement is also registered.  Thereafter, dispute perhaps arose because of additional demand made by the builder.  Even the complainant went through with those additional demands.  Revisionist/builder acted differently and refused to accept the said payment and thereafter, returned the money paid and informed that booking is cancelled.  It is unilateral act on part of builder.  Therefore, consumer complaint is filed.

Prima-facie it appears that it being the arbitrary action on the part of builder, alleged cancellation of booking has no legal standing in the eyes of law.  Complainant prima-facie established his case.  Forum below has rightly considered all these aspects and granted interim relief directing the revisionist not to create third party interest in the said flat.  The judicial discretion used by the Forum below cannot be faulted with.  Thus, finding that there is no merit in the revision petition, we pass the following order:-

                                      :-ORDER-:

1.     Revision petition stands dismissed with cost of Rs.5,000/- to be paid to the respondent/org.complainant.

2.     Copies of the order herein be furnished to the parties.