RAKESH KUMAR KHATTAR Vs. RAJINDER KUMAR JAIN

JUDGEMENT

(1.) VIDE impugned order dated 29.4.2002 the complaint of the appellant who is a legal heir of B.R. Khattar was dismissed being barred by limitation. Feeling aggrieved he has preferred this appeal.

(2.) THE case of the appellant, in brief, is that the deceased B.L. Khattar (who expired on 29.9.1996) had booked a plot/shop bearing No. 12 -C1 located in colony Ashoka Enclave situated in village Khewaja Sarai and Palla now in Faridabad. The said plot was booked with M/s. Ashoka Land and Financiers whose partners were respondent Nos. 1 and 3 besides Amarjeet Singh Kalra and Lal Chand Sharma. On the application filed by the deceased B.L. Khattar for allotment of a shop/plot along with a sum of Rs. 1,250 being 25% of the amount of the total consideration which was received by respondent Nos. 1 and 3 through their agent Mr. Ramesh Nayar. The said application was dated 9.4.2003 and contains terms and conditions of allotment and which in fact was a sale agreement. It is further alleged that on the eve of receiving the amount of Rs. 1,250 the number of plot was changed to C -16 and the area of the said plot was 184 sq. yards. Payments were made through receipts as follows :

(3.) BESIDES that a sum of Rs. 360 was also paid vide same receipt on the last date. Respondent Nos. 1 and 3 used to mention the balance amount on the receipts above after adding extra amount which was unfair. Total booking amount of the plot was Rs. 4,600. As per terms and conditions of the allotment 5% was to be paid at the time when the amenities in the colony such as the provision of tube -well, water were to be completed but the respondent Nos. 1 and 3 received more than the agreed amount which was unfair trade practice. Respondent Nos. 1 to 3 vide their letter dated 19.6.1963, instructed the appellant that future payment should be made to Greater Delhi Planners Pvt. Ltd., now respondent -4 which has changed its address from Plot 3, Shankar Market. Connaught Place, New Delhi to 104, Chiranjeev Tower, opposite Nehru Place, New Delhi. Respondent No. 5 is the partner/prop. of respondent No. 4 and is in full control and management of respondent No. 4. The allottee B.L. Khattar, in his lifetime, had requested the respondents to execute the sale deed but they went on delaying the same on one pretext or the other.