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(34) The
complainant has filed on record copy of F.I.R. dated 06/09/2010. Police received said report on 23/09/2010. The complainant filed report against
Mr.Prakash Chawala, Head of opponent, who is a builder. It is alleged that he had meeting with
Mr.Prakash Chawala at Renaissance Club on 14/07/2010 regarding possession
of flat No.201 (owner-Dr.Hari Nagpal), flat No.301 (owner-Dr.Pushpa
Nagpal), flat No.401 (owner-Dr.Hari Nagpal, H.U.F.). The complainant and his family members
were surprised to find that Manager Mr.Vipul Parikh was talking to them
about possession instead of Mr.Prakash Chawala. Manager-Mr.Vipul Parikh prepared
possession letters, affidavit-cum-indemnity bond and cash payment vouchers
which according to him were mandatory for the complainant to sign so that
Manager could send completed documents for signature of builder-Mr.Prakash
Chawala before handing over possession of the flats. It is submitted that under pressure of
need of getting flats, the complainant agreed to sign the documents under
protest. After signatures of all
three owners on documents and cash payment vouchers, Manager-Mr.Vipul Parikh
took the documents to builder-Mr.Prakash Chawala for his signature. He came back within ten minutes and told
that Mr.Prakash Chawala is not available in the office. Manager-Mr.Vipul Parikh stated that
signatures of opponent would be taken and copies of all the documents would
be handed over to the complainant and his family members. It is alleged that unfortunately
complainant and his family members never received keys of the flats, duly
signed copies of possession letters and affidavits as well as copies of
payment vouchers. There were several
calls on mobile, but Mr.Prakash Chawala or Manager-Mr.Vipul Parikh did not
respond. Grievance raised by the
complainant before Police in F.I.R. that the builder has harassed them for
flats and also cheated them. By
filing F.I.R. complainant sought help of Police. Contents of F.I.R. dated 23/09/2010
clearly shows that complainant and his wife-Pushpa Nagpal singed certain
documents when meeting was held with Mr.Prakash Chawala and his
Manager. It can be inferred that
documents filed on record by the opponent bear signatures of the
complainant-Dr.Hari Nagpal and his wife-Pushpa Nagpal. This fact is fully corroborated by the
evidence of Handwriting Expert.