ATUL MOHAN JOSHI Vs. SHUBH ENTERPRISE

JUDGEMENT

(1.) The facts giving rise to the filing of this complaint, as noted in the order of this Commission dated 24.07.2017, can be summarized as under:

(2.) The complaint against original OP No. 2 D.N. Nagar Manas Co-operative Housing Society Limited and original OP No. 3 Manas Gruhpravesh LLP was dismissed by this Commission vide the above referred order dated 24.07.2017.

(3.) Coming to the complaint qua OP (originally OP No. 1) namely Shubh Enterprise, the complaint has been resisted by the said OP which has admitted the payment of Rs. 8,02,000/- from the complainant as well as the allotment letter dated 11.06.2010. He has however, denied the agreement dated January 2014 set up by the complainant. He has also denied having received cash payment of Rs. 17,00,000/- from the complainant. It is alleged that when the OP could not refund the principal amount of Rs. 8,02,000/- on the project coming to a grinding halt, the complainant pressurized the OP to sign the agreement for receiving the refund of the said amount along with interest aggregating to Rs. 25,02,000/-. It is further alleged that the agreement was got prepared by the complainant through his advocate and since the OP was in financial doldrums, he had no option but to sign the same without reading its contents, on the last page of the document. The OP has also submitted that on execution of the alleged agreement dated 10.01.2014, the best remedy available to the complainant is to claim the balance amount payable under the said agreement through the process of a Civil Court.