Decided on January 20,2020

M/S. Ramprastha Sare Relity Pvt. Ltd. Respondents


R.K.AGRAWAL, J. - (1.) Sometime in the year 2012, a residential Project, christened as "Crescent ParC-Petioles", was being developed by M/s Ramprastha Sare Realty Pvt. Ltd., the sole Opposite Party herein, at Village Wazirpur and Mewaka in Sector-92, District Gurgaon, Haryana. Pursuant to the representation made to the Complainant by the Opposite Party that a Type 4BHK Flat, No. P050201, Building No. P05, having super area of 189.52 sq. meters, "Green ParC-2" in the Project, would be allotted to him, the Complainant applied for the flat on 26.05.2012. The Complainant had paid a sum of Rs.7,75,000/- towards allotment of the flat vide cheque no. 003106 dated 26.05.2012. The Complainant paid further sums of Rs.53,646/- and Rs.8,46,647/- vide cheques dated 07.07.2012 and 12.10.2012 respectively. Insofar as first two payments of Rs.7,75,000/- and Rs.53,646/- are concerned, the receipts duly issued by the Opposite Party are placed on record as Annexures C-2 and C-3 respectively. However, the Opposite Party did not issue any receipt towards the payment of Rs.8,46,647/-. In connection with the said transaction, the Complainant has filed a copy of the account statement (Annexure C-4), issued by Canara Bank, Badshahpur, which shows the deduction of the said amount from the account of the Complainant. In this way, the Complainant has paid a total amount of Rs.16,75,293/- to the Opposite Party.
(2.) It is averred in the Complaint that the Opposite Party got the signatures of the Complainant (an uneducated person) on a blank document, which was the Flat Buyer Agreement, and did not explain its contents to him. Further, the Opposite Party neither made any communication to the Complainant nor apprised him about the status of the Project. Raising his concerns, in the month of July, 2014 the Complainant met the Directors and higher officials of the Opposite Party, who assured him that the amount so deposited would be refunded with interest and the booking would be deemed cancelled. However, instead of refunding the amount, the Opposite Party made a demand of Rs.17,82,233/-. It is pleaded that the Flat Buyer Agreement was not signed by both the parties and there was no concluded contract between them. The Complainant time and again requested the Opposite Party for refunding the amount with interest but there was no response to the request made.
(3.) In the said background, initially the Complainant preferred a Complaint before the District Consumer Disputes Redressal Forum, Gurgaon (hereinafter referred to as the District Forum), wherein both the parties were represented. On an objection taken by the Opposite Party to the effect that the District Forum had no pecuniary jurisdiction to entertain the Complaint, the District Forum vide its order dated 29.05.2017 dismissed the Complaint for want of pecuniary jurisdiction.;

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