RAJENDRA KUMAR GOYAL Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2019-3-86
HIGH COURT OF CALCUTTA
Decided on March 28,2019

RAJENDRA KUMAR GOYAL Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Shivakant Prasad, J. - (1.) This is an application under Section 397/401 read with Section 482 of the Code of Criminal Procedure 1972. Petitioner has prayed for setting aside of the Order dated 18.02.2016 passed by the learned Judicial Magistrate, (1st Class), 4th Court Alipore, South 24 Parganas in connection with complaint Case No. 2794 of 2012.
(2.) Petitioner's case in brief is that being attracted by the advertisement in reference to the description of the South City Club in the Souvenir promising a resort like experience, the South City Club is a perfect get away for the entire family, spread over 3 acres (180 Cottahs), the multi facility club offering, social and entertainment activities, along with an air conditional sports centre, guest room, banquet facilities for function with parking space for members and guests and being eager to stay in an upscale complex with the advertised club facilities and landscape garden bigger than the Eden garden, the petitioner submitted an application in the prescribed form along with the application money of Rs. 1,00,000/- paid on 29.01.2004 duly acknowledged by the concerned authority of the South City Project (Kolkata) Ltd. through money receipt being nos. 672 & 673.
(3.) An allotment offer being Memo No. UN/1/0194 dated May 7, 2004 was issued in the name of the petitioner and his wife, namely, Chanda Goyal and by that Memo the petitioner and his wife were informed by the authorized signatory of South City Projects (Kolkata) Ltd subject to Standard Terms and Conditions (STC) of sale" regarding description of the unit allotted, price, extras and deposits, nomination and balance payable were explained in details vide allotment offer letter dated 7th May, 2004 by which the petitioner and his wife were asked to pay 50% club membership fees of Rs. 60,000/- i.e. Rs. 30,000/- along with first installment money through three separate cheques amounting to Rs. 5,42,407/-, Rs. 30,000/- and Rs. 5,500/- and the petitioner paid advance Club Membership Fees of Rs. 30,000/- through Cheque No. 696321 dated 06.6.2004 which was duly acknowledged on behalf of the South City Project (Kolkata) Ltd. through Memo Receipt No. C/T-1/60 dated 23.6.2004.;


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