DIPIKA SEN Vs. P.K.AGRAWAL

JUDGEMENT

(1.) This suit had been filed originally for the execution of a Conveyance Deed and recovery of amount allegedly/illegally withheld by the defendants and for damages for abuse of process, harassment, criminal intimidation, blackmail and extortion.

(2.) The case set up by the plaintiffs who are husband and wife is that they are the joint owners of Apartment No. E-103, situated at Ambience Lagoon Apartment Residential Complex, Ambience Island, NH-8, Gurgaon, Haryana, which they had purchased from the defendants on 20/10/2001 vide the Apartment Buyer's Agreement. It is stated that the plaintiffs had paid a sum of Rs.54,47,706.00 towards the purchase of the flat. They were then required to pay an additional 13% of the sale price towards the registration charges for the conveyance of the said flat and thus, the defendants collected from the plaintiffs, as also from the other apartment owners, a sum of Rs.6,61,760.00 which the plaintiffs paid in two installments in the hope that the Sale Deed would be registered in their names.

(3.) The said sum of Rs.6,61,760.00 was paid in two installments. One of Rs.3,61,750.00 vide cheque No.544287 dtd. 10/4/2003 and the second installment of Rs.3,00,000.00 vide cheque No.544288 dtd. 12/5/2003. This was duly acknowledged by the defendants vide receipt dtd. 10/4/2003. The defendants did not execute the Conveyance Deed for over a year after collection of the registration charges, and despite promising to do so within a period of 75 days from 3/8/2004, nothing happened, and until 19/8/2014, when this Court directed the defendants to do so, no Conveyance Deed was executed in favour of the plaintiffs.