R K MITTAL Vs. S P KJAIN

JUDGEMENT

(1.) THIS is a complaint where complainants want this Commission to be a party to the illegal activities of the complainants and the opposite party. Complainants alleged they entered into an agreement with the opposite party for construction of unauthorised building in an unauthorised colony. The cost of the building was estimated to Rs. 50.00 lakhs @ Rs. 550/ - per sq. ft. When the agreement was entered into there was already structure existing on the plot of land covered area of which was 2500 sq. ft. First complainant says he is a senior post graduate teacher in a public school in Delhi and second complainant is a Government employee. As to what job second complainant is holding, we have not been made aware. Complainants say that they have so far paid Rs. 10.50 lakhs to the opposite party builder. Complainants further say that they also paid a sum of Rs. 1.75 lakhs to the opposite party as a temporary loan as the opposite party said that he required the money for personal unavoidable needs. Complainants then say that existing structure was demolished and some constructions started which was later on abandoned.

(2.) ALLEGING breach of agreement and complaining deficiency of service , complainants claimed the following reliefs :