RAVINDER CHOPRA Vs. TANEJA DEVELOPERS AND INFRASTRUCTURE LTD

JUDGEMENT

(1.) This appeal has been filed by the appellant Ravinder Chopra against the order dated 20.8.2014 of the State Consumer Disputes Redressal Commission, Punjab, (in short 'the State Commission') passed in Complaint No.45/2012.

(2.) Brief facts of the case are that the complainant purchased a 3 BHK apartment for a consideration of Rs.36,11,052/- from the opposite parties. Earlier the flat was in the name of Mr. Parkash Maini, who had booked it after paying a sum of Rs.4,50,000/- and who had surrendered the flat and complainant purchased it on payment of Rs.4.50 lacs vide receipt dated 21.4.2006. A total sum of Rs.11,38,421/- was paid on 17.3.2010 and buyer's agreement was executed on 13.4.2011. In January, 2012, the complainant was telephonically informed to pay due instalment, for which the complainant asked 3 to 4 months' time as he was hospitalized for cancer treatment. On 20.3.2012, the complainant got final opportunity to pay instalment along with interest of Rs.1,37,654/-. Also, he got threat of cancellation of allotment in case of non-payment within 10 days. Therefore, complainant applied for loan, for which documents were required regarding the flat from the builder which were refused by the opposite parties. As complainant was getting threats from the opposite parties, he deposited post-dated cheque of Rs.10 lacs to avoid cancellation of allotment but opposite parties refused to accept the cheque. Lastly the opposite parties issued cancellation letter of the allotment dated 26.4.2012, which was received by the complainant on 1.5.2012. On 28.5.2012, the complainant approached with sanction letter of loan to opposite parties to execute tripartite agreement with DHFL, but opposite parties demanded Rs.5,00,000/- in cash to execute the agreement. The complainant obviously refused to pay Rs.5,00,000/- which was being asked illegally by the opposite parties. Ultimately, the opposite parties denied executing the agreement. Therefore, complaint was filed to restore the flat with compensation.

(3.) The State Commission passed the following order on 20.8.2014:-