Realtor ordered to repay site seeker

In its September 13 order, the forum has also ordered the company cough up Rs one lakh as punitive damages.

According to the complaint filed by M Jayakumar Raikar, an NRI from USA in April this year, he had paid Rs 18 lakh to Apna Sapna developer to avail a site of 50x80 feet in Anekal Taluk in October 16, 2006 and the company had promised him to register the site in his name after the approval of BMRDA.

After a long wait till December 2009, when Jayakumar did not hear from the developer about the registration of the site, he approached the company seeking a refund. The company, however paid him Rs 4.50 lakh.

During the trial, the forum also found out the claim made by the developer that it had credited an additional Rs four lakh into Jayakumar’s bank account in two instalments to be false.

“It is clear that the alleged payment of Rs 2 lakh each to the account of of the complainant on May 11, 2010 and June 16, 2010 are not credited and counter foils of challans are not authenticated proof of crediting any amount to the complainant’s account,” the forum observed.

“The company has used dubious method and false representation and had used the complainant’s money for more than four years. Hence, it is liable to pay interest on the due amount,” it further observed.

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