NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIA LTD Vs. REENA BANERJEE

JUDGEMENT

(1.) Reena Banerjee and Gautam Bose, the complainants filed two separate complaints in respect of a sale of flats by Alok Ganguly who was a promoter of a building proposed to be constructed at 49, Dr. Radha Gobinda Nath Sarani, Police Station Jadavpur, District 24 - Parganas (South). There were two separate agreements in respect of two self-contained flats - one at 3rd floor and the other at second floor. The consideration payable was Rs. 6.50 lakhs and Rs. 7.00 lakhs respectively. Reena Banerjee has paid Rs. 6.20 lakhs and Gautam Bose Rs. 6.68 lakhs to the promoter pursuant to the agreement which means practically the entire price of the two flats has been paid.

(2.) The promoter even after the sale of aforesaid two flats entered into an agreements with M/s. National Agricultural Co-operative Marketing Federation of India (hereinafter described as NACMFT) for sale of the entire premises which was going to come up at 49, Dr. Radha Gobinda Nath Sarani, P.S. Jadavpur, District 24-Parganas (South).

(3.) The complainants coming to know of this agreement with NACMFT protested against the agreement. The case of the NACMFT was that they were bona fide purchasers. They were not aware of the agreement to sell flats entered into by the promoter with the two complainants. The complainants thereafter could not make any claim against the NACMFT.