SANDEEP SINGH Vs. AJS BUILDERS PVT LIMITED

JUDGEMENT

(1.) THE plaintiff before this Court booked a three-bed room flat with servant quarter bearing No. 004 in Block B-3, admeasuring 1550 sq. feet in a project "AJS HILL VIEW APARTMENTS" of the defendant company on 26.10.2007 at the rate of Rs 2800 per sq. feet. The plaintiff made an initially payment of Rs 4,34,000.00 to the defendant on 26.10.2007 followed by a further payment of Rs 4,34,000.00 on 14.09.2008. It is alleged that after making the aforesaid payments, when the plaintiff went to the site, where the defendant was to carry out development, it transpired that there was no sight of construction and development activity. It is alleged that at the time the plaintiff booked the aforesaid flat, the rates in the locality were in the range of Rs 2600.00 to 2800.00 per square feet though the rates now prevailing are minimum of Rs 4500.00 per square feet. The plaintiff is now seeking refund of the amount of Rs 8,68,000.00 which he deposited with the defendant along with compensation amounting to Rs 26,35,000.00 calculated at the rate of Rs 1700.00 per square feet, thereby making a total claim Rs 35,03,000.00.

(2.) THE defendant was proceeded ex parte vide order 05.12.2012. The plaintiff has filed his own affidavit by way of evidence in which he has stated on oath the case set out in the plaint. The learned counsel for the plaintiff states that there is a typographical error in the affidavit of the plaintiff since the rate at which the flat was booked has been wrongly types as Rs 2700.00 per square feet though it has been correctly mentioned as Rs 2800.00 per square feet in the plaint and can also be confirmed by registration form Ex.PW-1/1 where the rate per square feet has been recorded at Rs 2800.00.

(3.) AS many as 11 suits which were almost identical to the present suit and pertained to the bookings made with the defendant company, in the same project, were decided by me vide judgment dated 13.08.2012. While deciding those suits, I, inter alia¸ observed as under:-