(1.) THE present suit has been filed by the plaintiff Ram Sharan Das Batra against defendant Reliance Webstore Ltd. seeking recovery of damages and losses totaling Rs.49,12,125/ - besides interest and costs.
(2.) THE case as set up by the plaintiff is that he is the absolute owner, in possession of the property bearing No. 10, Block C3, Janakpuri, New Delhi. It had a space of 1900 sq. feet. He had approached Jones Lang, LaSalle Meghraj, a property broker, to let out this vacant space. He was assured that he would get a good deal. A letter dated 21.7.2008 had been issued by the broker informing the plaintiff on this count.
(3.) ON 16.9.2008 the plaintiff, the defendant executed an agreement annexure P3 in terms of which the defendant had confirmed, agreed to take the commercial space of plaintiff on lease. It was also agreed that this lease would be extended by mutual consent of both the parties even after the initial period of nine years, eleven months. Submission being that the defendant had described this document dated 16.9.2008 as a letter of comfort but the various clauses show that it was a concluded contract between the parties. In terms of this contract the plaintiff had carried out repairs, renovations in his property. The defendant had also agreed to pay one month security within one month, thereafter the balance two months security would be deposited by the defendant after the alternations/modifications have been completed in terms of the said agreement. The plaintiff had demanded the security but he was put off, not even a single penny had been paid by the defendant till date. The plaintiff had spent a sum of Rs.4,01,135/ - on the renovation. He is entitled to the said amount. The defendant had also not taken the premises on lease in spite of their agreement dated 16.9.2008. Unfair means were adopted by the defendant to block the property which had caused a huge financial loss to the plaintiff; the reputation, goodwill of the property of the plaintiff had also suffered.