G S KUSHWAHA Vs. SUSHIL ANSAL

JUDGEMENT

(1.) Briefly, the facts of the case are that M/s Ansal Properties and Industries (P) Ltd. , New Delhi (hereinafter referred to as 'the Builder') advertised in the newspapers for the sale of commercial offices/flats etc. in its shopping complex known as Bhikaji Cama Place @ Rs.1,25,000/- per flat. Defendant No.1 is the Chairman/managing Director of the said Company. Defendant No.2 is the Estate Manager, Star Estates Management (P) Ltd. , defendant No.3 the Executive Engineer, Delhi Electric Supply Undertaking and defendant No.4 the Municipal Corporation of Delhi.

(2.) The complainant in March' 81 booked a flat bearing number 148 in 6-Bhikaji Cama Place Building, by depositing Rs.15,000/- as initial payment through the builders' agent S. P. Bhatia of Zenith Estates. He was further liable to pay rupees one lac only on account of the balance price. It is pleaded that subsequently instead of charging rupees one lac, the builder required the complainant to pay Rs.2,15,356.12/- and he had to deposit the same. It is further pleaded that this act of the builder amounts to unfair trade practice and cheating on their part. The complainant was also required to sign another agreement illegally by the builder on 30.4.88 when he had deposited Rs.2,09,911.00/-, in which many conditions of sale were changed by them unilaterally.

(3.) It is next pleaded that the builder further cheated the complainant by giving him area measuring 108 sq. feet as against 166 sq. feet as promised earlier. Thus the price of the 58 sq. feet which was given short @ Rs.1,150/- per sq. feet comes to Rs.67,700/-. The flat, it is averred is unserviceable and unusable as it is too small.