NARINDER PURI Vs. RAVI KIRAN JAIN

JUDGEMENT

(1.) THIS is an appeal by the opposite parties before the District Forum (four in number) against the order of the District Forum dated 4.1.2000 by which the complaint filed by Ravi Kiran Jain was allowed in the following terms :

(2.) THE facts are not much in dispute. Ravi Kiran Jain, complainant, filed a complaint before the District Forum on 15.7.1999 with the allegation that he had purchased property measuring 446 sq. ft. located on the fourth floor in the building known as Kapilvastu situated in Civil Lines, Jalandhar, from opposite party Nos. 3 and 4 i.e., Lalit Bahri and Deepak Bahri, who were the owners of the property and had executed a sale deed in favour of the complainant. Mr. Narinder Puri, who was opposite party No. 1, was the Managing Director of M/s. Bison Builders and Properties whereas opposite party No. 2 was M/s. Bison Builders itself. It was the case of the complainant that at the time of effecting the sale and delivery of the possession of the area purchased on the 4th floor of the building, opposite parties had agreed to provide fully operational Elevator (Lift) by 31.10.1998. In fact, to straighten the matter, an agreement by the opposite parties (the present appellants) was also entered into with the complainant on 27.6.1998, Ex. C -2, that the lift will be provided by 31st October, 1998 failing which the opposite parties will pay a sum of Rs. 1.5 lakh to the complainant. Detailed reference to Ex. C -2 will be made hereinafter. The opposite parties having failed to provide the lift by the stipulated date and even having failed to honour the agreement dated 27.6.1998 to pay Rs. 1.5 lakh, the complaint was filed before the District Forum claiming Rs. 3 lakh, including the agreed amount of Rs. 1.5 lakh, as damages/compensation for causing inconvenience, harassment and mental agony to the complainant. Costs of the complaint were also claimed. As observed above, the complaint was allowed on 4.1.2000.

(3.) HENCE the present appeal.