M.M. MITTAL Vs. PALIWAL DEVELOPERS LTD.

JUDGEMENT

(1.) THE plaintiff has filed a suit for mandatory injunction and recovery of money against the defendants.

(2.) BRIEF facts of the case as stated in the plaint are that the defendant No. 1 Company is engaged in developing and construction of real estate and selling the same to various consumers/users. The defendant No. 2 Company is engaged in maintenance and security of the buildings constructed by defendant No. 1. The defendant No. 1 constructed a Shopping Mall cum Entertainment Complex named as "The DLF Galleria", on the plot of land measuring 5495 sq. mtrs. bearing plot No. 01B, Mayur Place, District Centre, Mayur Vihar, Delhi. On 15th July, 2010, an agreement was arrived at between the plaintiff and defendant No. 1 for the sale of office space bearing No. DGO -238 measuring 3879 sq. ft. on the second floor of the building "The DLF Galleria" plot No. 01B, Mayur Place, District Centre, Mayur Vihar, Delhi (hereinafter referred to as the "suit property") for a total consideration of Rs.3,87,90,000/ -. Apart from the sale consideration it was agreed between the parties that the plaintiff would also make payment of maintenance security at Rs.500/ - per sq.ft. of the area of the suit property.

(3.) IT is stated that vide letter dated 30th July, 2010, the plaintiff informed the defendant No. 1 that the plaintiff was interested in making the entire balance payment in lump sum on 2nd August, 2010. The plaintiff requested the defendant No. 1 to accept the entire payment in lump sum and grant necessary rebate/discount for making the early payment. Consequently, the defendant No. 1 agreed to grant rebate in the sum of Rs.8,61,848/ - on account of preponement of the remaining three instalments. Thereafter the plaintiff made a payment of the entire balance amount of Rs.2,90,00,000/ - vide demand draft dated 2nd August, 2010.