SURBHI BHARGAVA Vs. CAPITAL BUILDERS

JUDGEMENT

(1.) This order will dispose of case No. C-21, C-42, C-43, C-44, C-50 and C-51/92, which contains similar questions of law and fact.

(2.) Briefly the facts in the judgment are. being given from C- 50/92. The respondents are carrying on the business as builders, promoters and developers of land. They advertised in various Newspapers regarding sale of plots in Amit-City-one of their projects at Ghaziabad. The complainant booked a plot No.216 measuring 200 Sq. yds. in Block-D on 6.2.89 at the office of the respondent's situated at Kamla Nagar, Delhi. It is alleged that at the time of booking the plot, he was assured that the land on which the plots had been carved out was exclusively owned and possessed by the respondent and they had clear marketable title thereof. They further assured that the possession of the plot would be delivered to him latest by Jan.1991. He paid an amount of Rs.49,500/- , the total price of the plot, vide Receipt No.1094 dt.6.2.92.

(3.) At the time of booking the plot, the respondents got signed an agreement dt.6.2.89 from the complainant. It is alleged that the respondents failed to complete the development of the plot and hand over the plot to him within a period of 2 years as assured by them.