RATANLAL VACHHANI Vs. JABALPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) HEARD Shri S. K. Gambhir, learned Senior Counsel for the appellant and Shri S. S. Khanduja, learned Counsel for the respondents.

(2.) IN pursuance of the advertisement dated 1-9-1982 issued by the Jabalpur Development Authority (for short 'jda'), the appellant made an application for purchase of one MIG flat covering 860 sq. ft. at a price of Rs. 1,10,000. The flat was to be made ready in 18 months time i. e. by April, 1984. The appellant deposited the entire sum of Rs. 1,10,000 on 6-4-1984, within three days of receipt of the demand letter dated 3-4-1984 from the JDA. The flat was not ready for delivery till March, 1987, when under the order of the High Court, possession of the flat was delivered to the appellant after he deposited the amount as per the direction of the Court.

(3.) THE thrust of the submissions of Shri S. K. Gambhir, learned Senior Counsel for the appellant, is that the appellant's case is one of downright purchase of the property for which he had promptly deposited the entire sum as determined by the JDA, in such a case, it is not open to the respondent to charge any extra sum under the garb of alterations in the plan or change in quality of materials or price escalation etc. THE further submission of Mr. Gambhir is that the case of the appellant cannot be equated with purchasers who have opted to pay the consideration money in instalments. According to Shri Gambhir, the High Court has failed to maintain the distinction between the two classes of purchasers, and hence the error.