BHAGWATI Vs. M P HOUSING BOARD

JUDGEMENT

(1.) This Second Appeal At The Instance Of Plaintiff Was Admitted for final hearing on the following substantial questions of law:

(2.) Parties shall be referred to as they stood before the trial court.

(3.) Facts Giving Rise to the Appeal, are that in response to the advertisement published and brochure issued by the defendants, plaintiff booked a space; showroom and departmental store under self financing payment schedule, to be constructed near T.T. Nagar Stadium New Market. Case of the plaintiff before trial court was that the price of proposed construction was fixed at Rs.32 lacs of which Rs.3.20 lacs were deposited on 10.2.2000 and the remaining amount was to be deposited in three equal installments of Rs.7.20 lacs within twelve months. The plaintiff was allotted registration number under the scheme. On 2.9.2000 the plaintiff was informed that the installment schedule has been postponed and the revised scheduled shall be communicated separately. That, on 27.9.2001 the plaintiff was informed that her registration is temporary and the rate of the booked property has been revised @ 2000/ per sq. foot. On 9.10.2001 the plaintiff was informed that the area is 2292 sq. ft. of floor and 605 sq. ft. of mezzanine floor total area being 2897 sq. ft. That by communication dated 27.11.2001 the plaintiff was informed that the rates of booked property have been revised to Rs.57,94,000/ @ Rs.2000/ per sq. ft. Being aggrieved plaintiff filed the suit for declaration to the effect that the letter/communication dt. 27.11.2001 is illegal and is not binding on the plaintiff and that, the plaintiff is entitled to allotment of the space booked by her at the original cost and is also entitled for adjustment of interest on the amount deposited by her. The plaintiff also sought relief of injunction to the effect that the defendant be restrained from cancelling the registration of the plaintiff under the scheme.