JAGDEEP SHARMA Vs. FEDELIA CONSTRUCTIONS PVT LTD

JUDGEMENT

(1.) The complainant has filed this complaint for payment of Rs.2,22,898/- by way of interest at the rate of 21% per annum and Rs.50,000/- as damages on account of mental tension, etc.

(2.) The facts of the case stated in brief are that the opposite party gave wide publicity for raising constructions of "pioneer Plaza". The completion date was given as June, 1990. It was a multi-storyed office complex at 20 Vidha Sabha Marg, Lucknow. The complainant applied for a space in the said Pioneer Plaza. The opposite party accepted the request of the complainant and allotted an office space of 515 sq. ft. on 3rd floor (Space No.311-A) for a sum of Rs.2,57,500/- calculated at the rate of Rs.500/- per sq. ft. The allotment letter is dated 5.1.1989. The terms and conditions were enclosed with allotment letter, which is Annexure No.1 to the complaint. It was provided in the agreement that in case of delayed payment of instalments, interest at the rate of 21% per annum shall be payable to the opposite party. The complainant paid a sum of Rs.2,44,625/-, the details of which are given in para No.5 of the complaint.

(3.) The complainant is serving in Merchant Navy and in this connection he remains out of India for about eight months. The last instalment was paid by the complainant on 25.1.1991. After making the payment, the complainant met the Director of opposite party to know about the probable date of possession of the space allotted to the complainant and handed over to him. The opposite party did not give any satisfactory reply. It was disclosed that some changes are being made in the location of flat allotted to the complainant. It is further alleged by the complainant that information was sent by the opposite party by letter dated 7.10.1992 to the complainant informing that there are certain progress in construction of the building but there has been a change in the management and detailed plans are being made and they are preparing time schedule for completion of building after its revalidation from Lucknow Development Authority. It was also intimated that the work shall start in 1992 and is expected to be completed by middle of 1995. It is further alleged that those who wish to have their money refunded, they may intimate the opposite party. Thereafter on 7.11.1992 the complainant informed the opposite party to confirm about the payment of interest at the rate of 21% per annum on the amount to be refunded. The opposite party refused to pay any interest on the amount to be refunded. In that letter it was also informed that if the complainant wants, he can get possession of the space which has been allotted to him after completing the construction by June, 1995. Thereafter, the correspondence went on between the parties and ultimately a Bank Draft for Rs.2,44,625/- was sent to the complainant which was encashed. Now the complainant has prayed for reliefs as mentioned above.