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JR CPCT INSTITUTE, TIKAMGARH (M.P.) || ✤ MPHC-Junior Judicial Assistant 2024 ✤ || JJA की तैयारी के लिए हमारे Group से जुड़ने के लिए अपना नाम और सिटी का नाम इस नंबर पर व्हाट्सएप करें: 8871259263
created Oct 24th, 08:08 by entertainmentBabaji
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In Complaint Case No. 111 of 2013, the present appellant attempted to suggest before the District Forum that there had been two separate agreements for sale, one for the consideration of Rs. 7,00,000/- and another for the consideration of Rs. 9,00,000/-; and the flat was agreed to be sold for a total consideration of Rs. 16,00,000/-. In relation to Complaint Case No. 112 of 2013, the appellant alleged that there had been two agreements of Rs. 7,00,000/- each, leading to total sale consideration of Rs.14,00,000/-.The District Forum rejected the aforesaid suggestions of the appellant about existence of two agreements in each case; and while finding that there was no misrepresentation by the complainants, directed the appellant to execute and register the Deed of Conveyance after receiving payment of the balance consideration. Of course, the District Forum did not discuss the matter in necessary details but, in substance, found it justified to issue the directions in terms of the case of the complainants. In appeal, however, the State Commission agreed with the submissions of the present appellant with reference to the fact that the complainant of Complaint Case No. 111 of 2013 had shown the sale consideration as Rs.7,00,000/- in the Government Department as also in the Bank while seeking loan. In relation to Complaint Case No. 112 of 2013, the State Commission observed that there were two agreements of even date without any explanation and it indicated a foul play. On these considerations, the State Commission dismissed both the complaint cases. The National Commission, on the other hand, meticulously examined the material on record and disagreed with the observations of the State Commission. The National Commission took note of the stand of the parties and found that in Complaint Case No. 111 of 2013, the present appellant had not been able to produce the alleged second agreement. The National Commission further observed that though in Complaint Case No. 112 of 2013, two agreements for Rs. 7,00,000/- each were filed but, both the agreements were of the same date and the first one carried many corrections with ink whereas in the second agreement, those corrections had been typed out.
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