B M KAPOOR Vs. AJAY ENTERPRISES

JUDGEMENT

(1.) The applicants have filed an application under Sec.12b of the MRTP Act, 1969 (the Act for brief), charging the respondent with adoption of and indulgence in unfair trade practices and stating therein, that although they booked super area measuring 152 sq. ft. @ Rs.700/- per sq. ft. in the Anupam Commercial Complex, Paschim Vihar, developed by the respondent, the actual carpet area given to them is approximately 90 sq. ft. only which is about 60% of the super area whereas it should be between 75 to 80% as per the norms in similar other buildings. Their other grievance is that there is a column in the carpet area or the actual space allotted to them even though it was not a part of the building plan, and moreover, a wooden door in place of a shutter has been provided and therefore, they have prayed that the cost of the additional area charged by the respondent as also the difference between the cost of the shutter and the wooden door may be refunded to them, with interest accruing on it.

(2.) An application under Sec.12a of the Act was also made by them wherein they had stated that as they had paid an amount of Rs.1,02,622/- upto 11.6.1999 and also further an amount of Rs.17,542/-, the respondent should be directed to give possession of the office space bearing No.9, First Floor booked by them, in the respondent's Anupam Commercial Complex.

(3.) A notice in respect of the applicants-compensation application was issued to the respondent, who in reply thereto, while denying the charge of unfair trade practices, has stated that the applicants had booked super area of 152 sq. ft. and not the carpet area and in Clause 2 of the agreement between the parties, the super area has been defined and includes the areas of balconies, periphery walls upto the cupboard line and half the area under common walls between the two flats, as also the areas under common utilities, common lobbies, toilets, staircases, passage, lifts, corridors and the area under projections. It has also been mentioned in the reply that it was further clarified to the applicants in a letter dated 1.1.1992 as to what all is included in the covered area/super area booked by them. It has been further stated that the area on the first floor is meant for use as offices, and offices have been provided with wooden doors whereas shutters have been provided on the ground floor which is meant for use as shops.