SUSHILA DEVI Vs. RAJ SUDHA TOWERS P LTD

JUDGEMENT

(1.) This complaint has been filed by Smt. Sushila Devi w/o Sh. Baldev Raj R/o KD-41c Ashok Vihar Phase-I, DDA M. I. G. Flats, Delhi-52 against M/s Raj Sudha Towers (P) Ltd, Cannaught Place, New Delhi and Sh. Rajinder Jaina s/o Sh. Tek Chand, Chairman-cum-Managing Director of M/s. Raj Sudha Towers respondents.

(2.) Brief facts of the case are that the respondents had claimed and represented that they were owners of plot No.28, Ashok Vihar Phase-I, Delhi and that they were builders and were going to construct the building known as "rajindra's Terpanth Market" on the abovesaid plot. The respondents offered space No. RTM-l9, located on the basement floor of the said building having an area of 72 sq. ft. at the rate of Rs.1,000/- pr sq. ft. of the super area. That on the representation made by the respondents one Sh. D. N. Sharma s/o Sh. Suraj Bhan Sharma R/o B-4/48, Ashok Vihar, Delhi-52, agreed to purchase the said space having an area of 72 sq. ft. at the rate of Rs.1,000/- per sq. ft. and deposited a sum of Rs.10,800/- (Rs.100/- in cash and Rs.10,700/- through Cheque No.641278 dated 16.3.1984. vide receipt No.714 dated 19.3.84. The said shop alongwith essential services of water and electricity was to be delivered against the total payment of Rs.72,000/- for which the respondents entered into a signed licence-deed on 19th September, 84 with said Sh. D. N. Sharma. Thereafter, Sh. D. N. Sharma, deposited the following additional amounts with the respondents :-

(3.) The complainant staled that she has been duped to the tune of Rs.99,786/- paid by her to the respondents. It was further mentioned in the complaint that enquiries have also revaled that the respondents were neither owners nor the land-lords of the said building and as such a fraud had been committed upon the complainant and that the respondents were illegally retaining the amount of Rs.96, 786/- plus Rs.3,000/- paid in cash for which no receipt was issued. The complainant has claimed for refund of principle amount of Rs.99,786/-alongwith interest @ 24% and the damages as relief.