NAMRATA SETHIA Vs. RIDHIKARAN BACHAWAT

JUDGEMENT

(1.) This appeal is directed against the order of the State Commission dated 03.01.2019 whereby the said Commission directed the appellant to pay a sum of Rs.32,40,000/- with interest and compensation quantified at Rs.10 lacs.

(2.) It transpired during the course of hearing that Smt. Sushila Biani had purchased an open plot on 05.11.2008 and constructed basement, ground floor and first floor on the said plot. She also obtained an electricity connection in the construction so raised by her. She executed a General Power of Attorney, for consideration, in favour of the appellant on 10.03.2011. The appellant then executed a Sale Agreement with respondent no.1 and 2 on 27.03.2012, in respect of the entire construction which existed in the above referred property at that time. Unfortunately, neither the Sale Agreement nor its complete copy has been filed either by the appellants or by the respondents. On the last date of hearing, both the parties were directed to file their respective affidavit disclosing therein as to who had retained the original Sale Agreement after it was executed. The appellant, in her affidavit, has stated on oath that the Agreement was retained by respondents no.1 and 2 and she had not retained any copy of the same. Respondents no. 1 and 2, in their affidavit, have maintained that two sets of the Agreement were executed out of which, one was retained by them and the other was retained by the appellant. However, respondents no.1 and 2 have not filed the original Agreement which they admit having retained and have stated that the same is not traceable. They have not even filed a copy of the complete Agreement. It is difficult for me to believe that the appellant would not have retained a copy of the Agreement which she had executed with respondents no.1 and 2. Similarly, it is difficult for me to accept that respondents no.1 and 2 do not have either the original Agreement or even the complete copy of the full Agreement. It appears that for some reason which is known only to parties, neither of them is willing to share the whole of the Agreement dated 27.03.2012 with the Commission.

(3.) Be that as it may, the fact remains that respondents no.1 and 2 had entered into an Agreement to purchase the house which had been constructed upto first floor. Thereafter, a Sale Deed in favour of respondents no.1 and 2 was also executed on 06.07.2012. The possession had already been given to them on 22.06.2012 even before execution of the Sale Deed.