The court observed that the society could not prove what was the mode of sending the cheque to the complainant and also ruled that Rs 8 lakh paid by Saurabh on behalf of the complainant "cannot be validly denied"by the society. The society submitted before the forum that they had given a cheque of Rs 7.45 lakh to the complainant but he did not en-cashed it. The society had told Inspector Co-operative Societies that they had sent letters on February 3, 2010, February 28, 2010, August 11, 2010, October 31, 2010, and December 24, 2010, asking for rest of payments, but the complainant claimed that no such letters ever reached him. He further submitted before the consumer court that the society moved before the Inspector Co-operative Societies, Panchkula, on May 2, 2012, for obtaining the approval of the co-operative department for exclusion of his name and one Sunil Nehra from the membership of the society on an averment that they had defaulted in the payment of instalments. Then he entered into an agreement with a person for the sale of membership who also deposited Rs 8 lakh in the account of the society on his behalf. In 2010, he found that no construction work was being initiated by the society. At that time, he was staying in Ahemdabad. He had paid Rs 45,000, Rs 5 lakh and Rs 2 lakh respectively, over a year in three instalments. Rahul Sharma, a resident of Sector 20, had purchased the membership of the society in 2006. The District Consumer Disputes Redressal Forum, Panchkula, has ordered M/s Alps Coop Group Housing Society Limited, Sector 24, to pay back Rs 15.50 lakh on account of deficiency in service.
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