Jurisdiction of consumer forum

Rama mohan Acharya (Querist) 18 July 2017 This query is : Resolved
I had booked a flat with a builder. During the booking the builder got signed a declaration form(pre-printed in the letter head of the builder)on April 2015 wherein it was stated in one of the clause that if the Development plan is not approved on or before 31.3.2015, then I shall have the option to seek refund from the builder for the amount towards initial reservation of the flat along with 15% simple interest. It is on the record that the Development plan was approved on 1.8.2016. I had intimated the builder regarding my opting out from the booking on 25.10.2016 and requested them to refund the amount deposited by me along with interest@15%p.a. but after much pursuation the builder refunded only principal amount only without interest. I filed a complaint in the Dist. Consumer Forum. Learned Dist. Forum at the admission stage itself rejected my complaint holding that "once complainant received the amount back from OP he seized to be the consumer. Secondly the complainant himself cancelled the booking of the flat and the OP refunded the entire amount paid by the complainant. Therefore, there is no privity of contract existing. Further the complainant cannot claim only interest by filing complaint and the subject matter will not come under the domain of the Consumer Protection Act." In fact I had prayed for interest + Compensastion + damage for deficiaency in service + cost.
Agrieved with the order, I had approached the State Consumer Forum. Now State Forum seeks from me to place any citation for allowing the complaint for interest.
Seek your guidance. Any citation, please indicate. Regards

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