RAJ RAHUL CONTRACTORS Vs. LALIT KUMAR

JUDGEMENT

(1.) This appeal has been filed by the defendants against the order of the District Forum, Delhi dated 28th March, 1990.

(2.) Briefly, the case of Sh. Lalit Kumar complainant-respondent was that defendant-appellant No.1 was a Private Limited Company and defendant-appellants Nos.2 and 3 were its Directors. On 26th June, 1982, the appellants advertised in various news papers that they were constructing residential flats and commercial shops for sale on plot No.60/26, Parbat Marg, New Delhi. The complainant approached them for booking a shop in the said premises. It was represented by appellant Nos.2 and 3 to him that they had purchased the plot from the D. D. A. and that they had obtained permission from Municipal Corporation Delhi (M. C. D.) and Delhi Development Authority (D. D. A.) for the construction of the residential and commercial flats thereon. He believed their statement to be true, and agreed to purchase a shop measuring 63.07 sq. ft. at the rate of Rs.650/- per sq. ft. An agreement was executed between the parties on 25th June, 82. The sale consideration of the shop was Rs.41,405/-. It is alleged that the appellants assured that the possession of the shop would be delivered to him on or before Diwali of 1983. He paid an amount of Rs.6,211/- at the time of agreement. It is further stated that he paid the amounts of the instalments as and when demanded by them. The total amount which was paid by the complainant to the defendants was Rs.39,335/-.

(3.) On 7th November, 1984, the appellants sent a notice to the complainant demanding the last installment of Rs.13,405.75p. It was also stated in the letter that the shop was ready for possession and the same would be handed over to him on making final payment Later, vide letter dated 6.8.85, a demand of Rs.22,545.14p was made by the appellants from him.