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39. In view of above discussion as well as the law laid down, the complaint is allowed and the opposite party is directed to refund Rs.4,87,500/- {Rs.3,00,000/-(Ex.C-2) plus Rs.1,87,500/-(Ex.C-6)} to the complainant along with interest @ 12% p.a. from the date of deposit till realization and to pay Rs.20,000/- as litigation expenses within 45 days of receipt of copy of the order.
Consumer Complaint No.93 of 2011:-
40. Similarly, in Consumer Complaint No.93 of 2011 (Mrs. Shashi Sehgal Vs Taneja Developers & Infrastructure Limited), Briefly stated, the facts are that Complaint No.161 of 2010 "M/s Fateh Buildcon Pvt. Ltd. Vs. Taneja Developers & Infrastructure Ltd." was filed in the District Consumer Forum Disputes Redressal Forum (in short "the District Forum"), Chandigarh and the same was withdrawn, with liberty to file a fresh complaint on the same cause of action. The complainant had booked a 250 sq.yds., as offered by the opposite party at Mohali. For the registration, the complainant paid Rs.3.50 lacs by way of demand draft and receipt dated 17.06.2005 was issued. For personal reasons, the complainant offered to transfer the said plot to M/s Fateh Buildcon Pvt. Ltd., Mohali (hereinafter called ' the company') and the complainant executed various documents, such as transfer letter, indemnity bond, undertaking, transferring all his rights in the said plot to the company. This fact was communicated to the opposite party by the original purchaser and the above documents were submitted to M/s In Time Promoters Pvt. Ltd., 9, Kasturba Gandhi Marg, New Delhi. In pursuance thereof, the said company, on behalf of the complainant, paid a sum of Rs.1,71,250/- to the opposite party vide cheque No.724307 dated 19.03.2008 towards payment of the installment which was duly encashed. Vide letter dated 12.01.2010, request to transfer the plot was reiterated and a further sum of Rs.25,000/- was sought to be paid vide cheque No.724325 dated 12.01.2010 towards transfer fee and cheque No.724327 of Rs.12,81,250 lacs as 50% of the cost of the plot with External Development Charges so as to make the total payment equivalent to 80% of the cost. For some strange reasons, the opposite party refused to accept the cheque or the letter and informed the company/transferee that the allotment stood cancelled, but no written confirmation was given by the opposite party to the complainant in this regard.
43. The complainant tendered affidavit of her Special Power of Attorney Sh. Amrit Singh as Ex.C-A along with documents Ex.C-1 to Ex.C-11.
44. The opposite party tendered affidavit of its Authorized Signatory Sh. Sanyam Dudeja Ex.O-A along with documents Ex.R-1 to Ex.R-19.
Consumer Complaint No.92 of 2011 20
45. In view of the reasons and discussion held in Consumer Complaint No.92 of 2011 (Narender Kumar Jain Vs Taneja Developers & Infrastructure Limited), the Consumer Complaint No.93 of 2011 (Mrs. Shashi Sehgal Vs Taneja Developers & Infrastructure Limited) is allowed and the opposite party is directed to refund Rs.5,21,250/- {Rs.3,50,000/-(Ex.C-2) plus Rs.1,71,250/- (Ex.C6)} to the complainant along with interest @ 12% p.a. from the date of deposit till realization and to pay Rs.20,000/- as litigation expenses within 45 days of receipt of copy of the order. Consumer Complaint No.94 of 2011
46. Similarly, in Consumer Complaint No.94 of 2011 (Mrs. Raj Kumari Vs Taneja Developers & Infrastructure Limited), Briefly stated, the facts are that Complaint No.160 of 2010 "M/s Fateh Buildcon Pvt. Ltd. Vs. Taneja Developers & Infrastructure Ltd." was filed in the District Consumer Forum Disputes Redressal Forum (in short "the District Forum"), Chandigarh and the same was withdrawn, with liberty to file a fresh complaint on the same cause of action. The complainant had booked a 250 sq.yds., as offered by the opposite party at Mohali. For the registration, the complainant paid Rs.3.50 lacs by way of demand draft and receipt dated 13.07.2005 was issued. For personal reasons, the complainant offered to transfer the said plot to M/s Fateh Buildcon Pvt. Ltd., Mohali (hereinafter called ' the company') and the complainant executed various documents, such as transfer letter, indemnity bond, undertaking, transferring all his rights in the said plot to the company. This fact was communicated to the opposite party by the original purchaser and the above documents were submitted to M/s In Time Promoters Pvt. Ltd., 9, Kasturba Gandhi Marg, New Delhi. In pursuance thereof, the said company, on behalf of the complainant, paid a sum of Rs.1,71,250/- to the opposite party vide cheque No.724306 dated 19.03.2008 towards payment of the installment which was duly encashed. Vide letter dated 12.01.2010, request to transfer the plot was reiterated and a further sum of Rs.25,000/- was sought to be paid vide cheque No.724325 dated 12.01.2010 towards transfer fee and cheque No.724328 of Rs.12,81,250 lacs as 50% of the cost of the plot with External Development Charges so as to make the total payment equivalent to 80% of the cost. For some strange reasons, the opposite party refused to accept the cheque or the letter and informed the company/transferee that the allotment stood cancelled, but no written confirmation was given by the opposite party to the complainant in this regard.
49. The complainant tendered affidavit of her Special Power of Attorney Sh. Amrit Singh as Ex.C-A along with documents Ex.C-1 to Ex.C-11.
50. The opposite party tendered affidavit of its Authorized Signatory Sh. Sanyam Dudeja Ex.O-A along with documents Ex.R-1 to Ex.R-19.
Consumer Complaint No.92 of 2011 22
51. In view of the reasons and discussion held in Consumer Complaint No.92 of 2011 (Narender Kumar Jain Vs Taneja Developers & Infrastructure Limited), the Consumer Complaint No.94 of 2011 (Mrs. Raj Kumari Vs Taneja Developers & Infrastructure Limited) is allowed and the opposite party is directed to refund Rs.5,21,250/- {Rs.3,50,000/- (Ex.C-2) plus Rs.1,71,250/- (Ex.C6)} to the complainant along with interest @ 12% p.a. from the date of deposit till realization and to pay Rs.20,000/- as litigation expenses within 45 days of receipt of copy of the order.