ALSONS Vs. NASHEED AHMED

JUDGEMENT

(1.) Vide Agreement to Sell, dated 11.08.2000, Smt. Nasheed Ahmed, the complainant, agreed to purchase a house from Alsons, Builder and Coloniser, the OP. Alsons is represented by its Proprietor, Sh. S.Ghazanfar Ali. He is the father-in-law of brother of the complainant. This is an indisputable fact that the complainant had deposited a sum of Rs.7,50,000/- on 04.03.2006 and Rs.90,000/- in June, 2006, prior to the execution of the Agreement dated 11.08.2006. According to the agreement, the above said Duplex was to be given within four months. The Duplex was almost ready, but it was agreed that one-Bedroom and a bathroom were to be further constructed. The payment schedule of the said Duplex was as under :-

(2.) The total consideration of the Duplex was Rs.22,00,000/-. It was acknowledged in the agreement that a sum of Rs.8,40,000/- was already given to the OP. However, a dispute arose on the question, whether, the complainant had paid a sum of Rs.43000 Dirhams, equivalent to Rs.5,21,024/-. As a matter of fact, the OP sent an SMS requesting the complainant to deposit the next instalment in the account of his daughter. The case of the OP is that the amount of 43000 Dirhams was never paid towards the balance cost of the Duplex. The story propounded by the OP is that the complainant had borrowed a huge sum of money from the OP's daughter for purchase of the house and she owed the same to him. However, due to the bad behaviour of the husband of the daughter of the OP, the OP was constrained to file a Suit for Dissolution of Marriage.

(3.) The State Commission came to the conclusion that the complainant has relied upon the SMS sent by the OP to the complainant on 20.11.2006, which reads, as under :-