HARINARAYAN SHARMA Vs. VIJAY KUMAR SONI
LAWS(NCD)-2020-2-28
NCDRC
Decided on February 13,2020

HARINARAYAN SHARMA Appellant
VERSUS
VIJAY KUMAR SONI Respondents


Referred Judgements :-

JAYA BHANDARI VS. MALHAN BUILDERS [REFERRED TO]


JUDGEMENT

V. K. Jain, J. - (1.) The appellant late Shri Harinarayan Sharma owned plot No.D-69A in Bapunagar, Jaipur. He entered into an agreement with the respondent No.2 Dinesh Kumar Jain, whereunder Dinesh Kumar Jain was to construct residential flats on the aforesaid plot at his own cost. The flats proposed to be constructed by Dinesh Kumar Jain were to be shared between him and late Shri Harinarayan Sharma. The complainant entered into an agreement with Sh. Dinesh Kumar Jain on 18.4.2014 for purchase of one of the flats proposed to be constructed by Shri Dinesh Kumar Jain for a consideration of Rs.88,50,000/- and made part payment of Rs.1327500/- to him. The construction of the flat having not been completed, he approached the State Commission by way of a consumer complaint impleading the builder Dinesh Kumar Jain as well as the land owner late Shri Harinarayan Sharma as the opposite parties in the complaint.
(2.) The complaint was resisted by the appellant who interalia stated in his written version that he had no knowledge of the agreement between the complainant and Shri Dinesh Kumar Jain. He also stated in his written version that no payment was received by him from the complainant and Shri Dinesh Kumar Jain had got his signature on the agreement between him and the complainant without explaining the contents of the document to him, taking advantage of his old age and his weak physical and mental condition.
(3.) The builder Shri Dinesh Kumar Jain did not come forward to contest the consumer complaint. The State Commission allowed the consumer complaint against both the opposite parties, i.e. the builder Shri Dinesh Kumar Jain as well as the appellant late Shri Harinarayan Sharma by directing them to refund of Rs.1327500/- to the complainant alongwith 9% interest and compensation quantified at Rs.25,000/-. Being aggrieved, the appellant approached this Commission by way of this appeal.;


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