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Chakilam Laxmi Narasimha Rao v/s A.P. Rajiv Swagruha Corporation Ltd., (Government of A.P. Undertaking) Bandlaguda Project, Rangareddy District, Rep. by its General Manager (Projects)


Company & Directors' Information:- C AND C PROJECTS LIMITED [Active] CIN = U74999HR2007PLC036644

Company & Directors' Information:- Y K M PROJECTS PRIVATE LIMITED [Active] CIN = U40109TG2008PTC057263

Company & Directors' Information:- T G R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200KA2012PTC062702

Company & Directors' Information:- S G PROJECTS LIMITED [Active] CIN = U65999WB1990PLC049684

Company & Directors' Information:- B C C PROJECTS PVT LTD [Active] CIN = U74899DL2001PTC112102

Company & Directors' Information:- J K S PROJECTS LIMITED [Active] CIN = U45400WB2011PLC157565

Company & Directors' Information:- T & T PROJECTS LIMITED [Active] CIN = U45201AS2008PLC008641

Company & Directors' Information:- W AND W PROJECTS PRIVATE LIMITED [Active] CIN = U65910DL1989PTC036754

Company & Directors' Information:- E M C PROJECTS PVT LTD [Active] CIN = U29248WB1964PTC026261

Company & Directors' Information:- H AND V PROJECTS PRIVATE LIMITED [Active] CIN = U72400DL2011PTC220047

Company & Directors' Information:- M A PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2005PTC135093

Company & Directors' Information:- S K B PROJECT (INDIA) PRIVATE LIMITED [Active] CIN = U45202MP2008PTC020457

Company & Directors' Information:- S. V. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70100AP1998PTC029024

Company & Directors' Information:- M V PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45202KA2008PTC045272

Company & Directors' Information:- S V S PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096787

Company & Directors' Information:- A T E PROJECTS PRIVATE LIMITED [Active] CIN = U74999DL1999PTC102246

Company & Directors' Information:- U W T PROJECTS LIMITED [Active] CIN = U45200AP2004PLC043198

Company & Directors' Information:- J J PROJECTS PVT LTD [Active] CIN = U24231WB1986PTC040246

Company & Directors' Information:- T & I PROJECTS LTD [Active] CIN = L29130WB1984PLC038232

Company & Directors' Information:- B 2 R PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2013PTC189971

Company & Directors' Information:- C M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130580

Company & Directors' Information:- N G PROJECTS LIMITED [Active] CIN = U45201GJ2003PLC042152

Company & Directors' Information:- E AND C PROJECTS PRIVATE LIMITED [Active] CIN = U29150DL2002PTC115297

Company & Directors' Information:- B. D. R. PROJECTS PRIVATE LIMITED [Active] CIN = U45202TG1998PTC028780

Company & Directors' Information:- RAJIV AND COMPANY PRIVATE LIMITED [Active] CIN = U45400UP2013PTC059574

Company & Directors' Information:- V AND S PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL1996PTC079487

Company & Directors' Information:- V R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400AP2007PTC054901

Company & Directors' Information:- D C R PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2007PTC056307

Company & Directors' Information:- R. R. PROJECTS PVT LTD [Active] CIN = U45200TG1982PTC003711

Company & Directors' Information:- S H PROJECTS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC149971

Company & Directors' Information:- S R PROJECTS INDIA PVT LTD [Active] CIN = U45207WB1981PTC033286

Company & Directors' Information:- L E PROJECTS PRIVATE LIMITED [Active] CIN = U45303WB2005PTC102555

Company & Directors' Information:- M. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC131902

Company & Directors' Information:- J V PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069037

Company & Directors' Information:- B N PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC058067

Company & Directors' Information:- J P PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC165990

Company & Directors' Information:- R K PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC043660

Company & Directors' Information:- A B PROJECTS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC149404

Company & Directors' Information:- RAJIV PROJECTS PRIVATE LIMITED [Active] CIN = U70100WB2007PTC120288

Company & Directors' Information:- A J PROJECT PRIVATE LIMITED [Active] CIN = U70101WB2006PTC110040

Company & Directors' Information:- A K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG1996PTC023179

Company & Directors' Information:- S N M PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2010PTC040243

Company & Directors' Information:- J AND H PROJECTS PRIVATE LIMITED [Active] CIN = U45200GJ2013PTC074010

Company & Directors' Information:- N S PROJECTS PRIVATE LIMITED [Active] CIN = U70101WB2007PTC117882

Company & Directors' Information:- H S PROJECTS PRIVATE LIMITED [Active] CIN = U45208DL2006PTC153706

Company & Directors' Information:- N M PROJECTS PRIVATE LIMITED [Active] CIN = U29219DL2009PTC186728

Company & Directors' Information:- K. V. PROJECTS PRIVATE LIMITED [Active] CIN = U70102WB2012PTC188439

Company & Directors' Information:- B S C PROJECTS PRIVATE LIMITED [Active] CIN = U45200DL2011PTC227768

Company & Directors' Information:- J K PROJECTS PRIVATE LIMITED [Active] CIN = U45203GJ2001PTC039576

Company & Directors' Information:- F C C PROJECTS PRIVATE LIMITED [Active] CIN = U29248UP1982PTC005786

Company & Directors' Information:- S N PROJECTS LIMITED [Active] CIN = U85110KA1996PLC021040

Company & Directors' Information:- B. D. PROJECTS PRIVATE LIMITED [Amalgamated] CIN = U45400WB2010PTC147620

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U29100DL2010PTC209136

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2010PTC209136

Company & Directors' Information:- K C PROJECT INDIA PRIVATE LIMITED [Active] CIN = U55101DL1997PTC088558

Company & Directors' Information:- C B PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB1997PTC085237

Company & Directors' Information:- G G PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL1998PTC091501

Company & Directors' Information:- V M G PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400WB2011PTC164117

Company & Directors' Information:- A. H. PROJECT PRIVATE LIMITED [Active] CIN = U45400WB2010PTC141970

Company & Directors' Information:- M. L. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151513

Company & Directors' Information:- M. K. N. PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2009PTC196755

Company & Directors' Information:- M B R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45300KA2009PTC049005

Company & Directors' Information:- G S P PROJECTS PRIVATE LIMITED [Active] CIN = U45201WB1992PTC057116

Company & Directors' Information:- K P S PROJECTS PRIVATE LIMITED [Active] CIN = U70102TG2005PTC046280

Company & Directors' Information:- E AND V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2004PTC042622

Company & Directors' Information:- P A PROJECTS PRIVATE LIMITED [Active] CIN = U45208WB1997PTC083907

Company & Directors' Information:- AP PROJECTS LIMITED [Active] CIN = U74899HR1992PLC053012

Company & Directors' Information:- N K D PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2008PTC128819

Company & Directors' Information:- A I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203WB2000PTC091229

Company & Directors' Information:- P N PROJECTS PRIVATE LIMITED [Active] CIN = U45202DL2016PTC289494

Company & Directors' Information:- V AND M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC139731

Company & Directors' Information:- K K PROJECTS PVT LTD [Strike Off] CIN = U70200WB1995PTC073058

Company & Directors' Information:- S L PROJECTS PRIVATE LIMITED [Active] CIN = U45400AN2009PTC000109

Company & Directors' Information:- SWAGRUHA PROJECTS PRIVATE LIMITED [Active] CIN = U70102TG1997PTC027154

Company & Directors' Information:- PROJECTS PVT LTD [Strike Off] CIN = U45201WB1951PTC019759

Company & Directors' Information:- B J S PROJECT PRIVATE LIMITED [Active] CIN = U74900WB2015PTC206605

Company & Directors' Information:- V K M PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2011PTC045725

Company & Directors' Information:- K P PROJECTS PVT LTD [Active] CIN = U70101WB1996PTC077397

Company & Directors' Information:- C R PROJECTS PRIVATE LIMITED [Active] CIN = U45400PB2009PTC032572

Company & Directors' Information:- N P R PROJECTS INDIA PRIVATE LIMITED [Strike Off] CIN = U45400TN2012PTC086360

Company & Directors' Information:- G P N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U18101TZ2006PTC012749

Company & Directors' Information:- V K R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC046370

Company & Directors' Information:- I N C PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2005PTC101620

Company & Directors' Information:- J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC136510

Company & Directors' Information:- D J PROJECTS PRIVATE LIMITED [Active] CIN = U15201DL2005PTC134979

Company & Directors' Information:- T AND M PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201KA2008PTC045199

Company & Directors' Information:- A C G PROJECTS PRIVATE LIMITED [Active] CIN = U45201UP1999PTC024162

Company & Directors' Information:- N E PROJECTS LTD [Strike Off] CIN = U16009AS1999PLC005873

Company & Directors' Information:- D R PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109612

Company & Directors' Information:- I J PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102KA2009PTC049320

Company & Directors' Information:- G C N PROJECTS PRIVATE LIMITED [Active] CIN = U45200KA2011PTC061371

Company & Directors' Information:- N. RAO PROJECTS PRIVATE LIMITED [Active] CIN = U45202MH2020PTC337579

Company & Directors' Information:- L N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043064

Company & Directors' Information:- H B PROJECTS PVT LTD [Amalgamated] CIN = U45201WB1993PTC058846

Company & Directors' Information:- P. S. PROJECTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70109WB2011PTC170655

Company & Directors' Information:- LAXMI INDIA PRIVATE LIMITED [Active] CIN = U65910UP1997PTC021679

Company & Directors' Information:- S P PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203910

Company & Directors' Information:- AP INDIA PRIVATE LIMITED [Active] CIN = U51909DL2013PTC250218

Company & Directors' Information:- J R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109HR2012PTC045119

Company & Directors' Information:- C N R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45201KA2007PTC041355

Company & Directors' Information:- A J PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45201MH2006PTC164622

Company & Directors' Information:- J M PROJECTS PRIVATE LIMITED [Active] CIN = U45200MP2007PTC019336

Company & Directors' Information:- L S S PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2013PTC059508

Company & Directors' Information:- A TO Z PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70101DL1995PTC069527

Company & Directors' Information:- G I T T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG2006PTC051193

Company & Directors' Information:- Z & I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45309TN2007PTC064972

Company & Directors' Information:- K D PROJECT PRIVATE LIMITED [Strike Off] CIN = U45400MH2010PTC209307

Company & Directors' Information:- B. G. PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2012PTC231270

Company & Directors' Information:- P S R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45400TG2015PTC101191

Company & Directors' Information:- E & E PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2015PTC075033

Company & Directors' Information:- B B R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045165

Company & Directors' Information:- M V R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045166

Company & Directors' Information:- L V S PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200TG2010PTC068286

Company & Directors' Information:- R N V PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2011PTC044240

Company & Directors' Information:- K L PROJECTS PRIVATE LIMITED [Active] CIN = U27104DL2003PTC119655

Company & Directors' Information:- K S M PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2009PTC194824

Company & Directors' Information:- 3 G PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC276736

Company & Directors' Information:- I S R PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2005PTC138210

Company & Directors' Information:- L V PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2014PTC272838

Company & Directors' Information:- M K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2002PTC117787

Company & Directors' Information:- B V M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC131352

Company & Directors' Information:- K. J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC152898

Company & Directors' Information:- E PROJECT PRIVATE LIMITED [Active] CIN = U72300HR2015PTC057142

Company & Directors' Information:- H V PROJECTS PVT LTD [Active] CIN = U45202HR1997PTC033617

Company & Directors' Information:- V & V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109KA2005PTC037578

Company & Directors' Information:- C AND T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140GJ2009PTC057480

Company & Directors' Information:- A AND B PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC051077

Company & Directors' Information:- RAO & CO PVT LTD [Strike Off] CIN = U74999TN1948PTC002316

Company & Directors' Information:- A. R. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40200DL2007PTC161559

    FA No.110 of 2015 (Against Cc No. 48 of 2014)

    Decided On, 10 January 2020

    At, Telangana State Consumer Disputes Redressal Commission Hyderabad

    By, THE HONOURABLE MR. JUSTICE M.S.K. JAISWAL
    By, PRESIDENT & THE HONOURABLE MRS. MEENA RAMANATHAN
    By, MEMBER

    For the Appellant: V. Gouri Sankara Rao, Advocate. For the Respondent: P. Vecrabhadra Rao, Advocate.



Judgment Text


MSK Jaiswal President

Oral:

This is an appeal filed by the Complainant feeling aggrieved by the orders dated 19.06.2015 of District Consumer Forum, Ranga Reddy made in CC No.48/2014 dismissing the complaint of the Complainant.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint.

3. The case of the Complainant, in brief, is that induced by the publicity made by the Opposite party which is a Government undertaking, engaged in construction of houses for middle and lower middle income groups about such residential flats and intended to buy one such flat in "Sahabhavane Township in Bandlaguda village. After being allotted a flat by conducting lottery by the Opposite party, Complainant paid Rs. 5,000/- towards processing fee besides application amount of Rs. 250/- as against the total cost of flat at Rs. 15,00,000/-. On 27.06.2008, he paid Rs. 2,00,000/- and another sum of Rs. 1,75,000/- on the same day. As the banks refused to sanction housing loan to retired persons, the Complainant could not pay the balance consideration and hence requested for refund of Rs. 3,75,000/- paid by him by way of written representation on 31.05.2013.

4. As against the same, on 07.11.2013, the Opposite party paid an amount of Rs. 2,25,000/- denying the balance amount without any reason. Therefore, he made representations on 11.12.2013 seeking refund of balance amount of Rs. 1,50,000/-. Since there was no response, he filed the present complaint seeking to direct the Opposite party to refund the amount of Rs. 1,55,000/ - along with interest @ 15% per annum; to pay interest @ 15% p.a. on Rs. 3,80,000/- from 27.06.2008 to 07.11.2013; to pay compensation of Rs. 50,000/- and costs of the complaint at Rs. 25,000/-.

5. Opposite party resisted the claim contending that as per allotment terms, the Complainant was required to pay the total amount. In spite of several notices and reminders, the Complainant failed to turn-up resulting in cancellation of allotment on 10.11.2010 construing that he has no interest in the flat, by forfeiting the amount deposited. The construction was being done on 'no profit no loss' and the costs are only tentative subject to further revision. Opposite party incurred heavy expenditure for notification, notices, publications and Complainant cannot apply or withdraw whenever he wishes and cannot demand refund of amount as per the terms provided thereof.

6. The complaint is time barred as the allotment was cancelled on 10.11.2010. By not paying the amount, the Complainant caused loss to them as the flat could not be sold to third party. Hence, there is no deficiency of service on their part and accordingly prayed to dismiss the complaint with costs.

7. During the course of enquiry, in order to prove his case, the Complainant filed his affidavit evidence as PW1 and the documents Ex.A1 to A8 and on behalf of the Opposite party, one M.Prabhakara Chary, its General Manager filed his affidavit evidence and the documents Ex.B1 to B6.

8. The District Forum after considering the material available on record, dismissed the complaint bearing CC No.48 of 2014 by orders dated 19.06.2015, as stated supra, at paragraph No. 1.

9. Aggrieved by the above orders, the Appellant/Complainant preferred this appeal contending that the forum below failed to consider the fact having refunded Rs. 2,25,000/-, the Respondent could not have retained the balance amount without any valid and cogent reason. It failed to consider the decision rendered by Hon'ble Supreme Court reported in AIR 1999 (6) SC 3027, AIR 1986 SC 1571 and 1986 (3) SC 165 and thereby erred in coming to a conclusion that the Appellant has not come to Court with clean hands. Hence, prayed to allow the appeal by setting aside the orders impugned and consequently allow the complaint as prayed for.

10. The point that arises for consideration is whether the impugned order as passed by the District Forum suffers from any error or irregularity or whether it is liable to be set aside, modified or interfered with, in any manner? To what relief ?

11. The admitted facts are that the Appellant/Complainant was allotted the flat by the Opposite party in a lottery for a total consideration of Rs. 15,00,000/-. As per the terms and conditions, th thereof i.e., Rs. 3,75,000/- was deposited by the Appellant/Complainant with the Respondent/Opposite party. The balance amount was to be deposited within the stipulated time. The Appellant made efforts to secure the loan from the bank but since he could not do so, he has not made the payment of the balance amount as stipulated. The Respondent/Opposite party issued notices to the Appellant/Complainant calling upon him to make the payment, failing which, the allotment would be cancelled. Since the appellant admittedly has not paid the next instalment as required within time, the Respondent/Opposite party vide proceedings in Ex.A9 have cancelled the allotment in favour of the Appellant/Complainant and forfeited the entire amount of Rs. 3,75,000/- paid by the Appellant/Complainant. Subsequently, however, it appears that the Appellant/Complainant made representation to the authorities and considering the same, the Respondent/Opposite party authorities have forfeited a sum of Rs. 1,50,000/- and returned the sum of Rs. 2,25,000/- to the Appellant towards the costs paid by him.

12. Therefore, the question that arise for consideration is whether the Respondent/Opposite party is entitled to forfeit a sum of Rs. 1,50,000/- from out of the sale amount deposited by the Appellant/Complainant at the time when the flat was allotted to him.

13. From Ex.A6, there is no dispute about the fact that the allotment made to the Appellant/ Complainant was cancelled vide letter dated 10.11.2010 which was done due to non-fulfilling the conditions of the allotment made by the Respondent/Opposite party to the Appellant/ Complainant. The reasons for non-fulfilling the obligations are that the loan was not sanctioned to them.

14. The Appellant/Complainant started correspondence with the Respondent/Opposite party for refunding the amount expressing inability to secure the loan as is evident from Ex.A7. Subsequently, it appears, that the Respondent/Opposite party has called the Appellant/complainant to its office and paid only 60% of the amount and obtained Ex.B6 on a bond paper by and under which the Appellant/Complainant has agreed to forego the balance amount. Immediately, within 5 days thereafter, i.e., on 17.12.2013, the Appellant/Complainant has made a representation to the Respondent Corporation saying as to the circumstances in which he accepted the cheque and sought for payment of the balance amount.

15. Spontaneity with which such a request is made to the Respondent/Opposite party after having executed Ex.B7 in unambiguous terms that he received the entire amount in full satisfaction, smacks of certain amount of compelling circumstances prevailing on the mind of the Complainant to accept 60% only and expressing full satisfaction and since the Appellant/Complainant had no opportunity to ponder over the issue as to whether to accept the money or not ostensibly he accepted the money having no option except to accept the same. Lest, he apprehended that he may have to forfeit the entire amount.

16. The Opposite Party has forfeited 40% of the amount, this they can do provided provisions or authority for doing this, is properly documented. Even though we have carefully perused the entire material, nowhere could we find the statutory provision which enables the Opposite Party to deduct any amount. More particularly in a case of this nature, where transactions could not be fructified for inability of the Complainant in securing the loan. As per the Respondent/Opposite Party's terms and conditions, every other aspect is discussed for e.g: the said flats are not transferable for a period of five years from the date of allotment and multiple applications are not advisable. However, with regard to forfeiture, there is a complete absence.

17. Although the Respondent/Opposite Party have in their Ex.B1 clearly stated that terms and conditions are appended to this letter as annexure-II, they do not provide any clarification regarding forfeiture for failure to avail the loan facility. Having carefully scrutinized, the said waiver of their entitlement to claim the full refund was not without any reservations. The very fact that, in less than five days, the Appellant/Complainant raised the demand for the refund of the balance amount, goes to show that expectations were legitimate and that they can get the refund of the entire amount on proper reappreciation of the material. Had the acceptance of the partial amount under Ex.B6 been voluntary and out of free volition, the Appellant/Complainant would not have entered into correspondence with the Respondent/Opposite Party within five days thereafter.

18. The learned District Forum has failed to observe this aspect and relying upon Ex.B7, held that the Appellant/Complainant is not entitled to claim further amount.

19. Upon re-appraisal of the entire material on record, we do not find ourselves to be in agreement with the findings of the District Forum and the impugned order, therefore, cannot be sustained.

20. The learned counsel appearing for the Appellant/Complainant relied upon a decision of Hon'ble Supreme Court of India reported in United India Insurance v. Ajmer Singh Cotton and General Mills and Ors. Reference is made to para-6, wherein it was observed that "despite execution of the discharge voucher, the Consumer may be in position to satisfy the tribunal or the Commission under the Act that such a discharge voucher or receipt had been obtained from him under the circumstances which can be termed as fraudulently or exercise of undue influence or by mis-representation or the like". This equation is applicable to the present complaint.

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/>21. Admittedly, the amount is paid in respect of an immovable property viz., a flat, which still stands in the name of the Respondent/Opposite party. It is not as though that the Respondent/Opposite party is put to any loss if they return the entire amount to the Appellant/Complainant who is a retired person having invested the money with a fond hope of possessing the property but their dreams were shattered by the bank which refused to sanction the loan for which the Respondent/Opposite Party was a facilitator. 22. In the present case, the Appellant/Complainant made a representation to the authorities and they only returned a sum of Rs. 2,25,000/- and forfeited the balance amount of Rs. 1,50,000/-. In view of our observations and discussions it is only reasonable that the balance sum needs to be refunded to the Appellant/Complainant. 23. In the result, the appeal is allowed and the Respondent/Opposite Party is directed to refund the amount of Rs. 1,50,000/- within a period of four weeks from today, failing which the said amount shall carry interest 7% p.a. thereafter, till realization.
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