3. In brief, aforesaid separate FIRs were registered on complaints of complainants / purchasers of 2nd and 3rd floor of property No. D-15AB, Vijay Nagar, Dr. Mukherjee Nagar, North West, Delhi against the petitioner, who is the owner of the said properties. As per the case of complainants, separate agreements to sell dated 02.09.2022 in respect of 3rd floor (FIR No. 0096/2024) and 01.09.2022 in respect of 2nd floor (FIR No. 0092/2024) were executed between the respective complainants and petitioner for consideration of Rs. 85,00,000/- each. However, actual consideration between the parties was Rs. 1.30 crore each. In terms of aforesaid agreements to sell, the petitioner / owner of the property had assured that property shall be free from all sorts of encumbrances, such as sale, gift, mortgage, lien, charge, etc. The entire sale consideration of Rs. 1.30 crore each in respect of respective 2nd and 3rd floors is stated to have been paid by the complainants through Bank transaction as well as in cash. Thereafter, vacant possession of the property was also handed over by the petitioner to the complainants in December, 2022 with assurance to execute the sale deed.
