BALDEV RAJ WADHWA Vs. JAINA PROPERTIES PVT LTD

JUDGEMENT

(1.) On the face of it, the O. P. , who is a builder/developer had played fraud upon the complainant. The complainant had booked a space on the ground floor bearing number G-7 (shop) measuring 49 sq. ft. in Plot No.30, Swastika Complex, Basai Dara Pur Commercial Complex, Kirti Nagar, New Delhi to be constructed by the O. P. whereas in actuality he was handed over the shop measuring 18.6 sq. feet, remaining area having been shown as 'super area'. Feeling aggrieved complainant has, through this petition sought compensation of Rs.1,37,700/- on account of excess amount paid by him, interest @ 36% p. a. and damages for cheating amounting to Rs, 50,000/-.

(2.) The relevant terms of agreement were as follows : clause : 1 "that the Licensee will pay the total agreed deposit of Rs.62,132/- (Rupees sixty two thousand one hundred and thirty two only) for an area of 49 sq. ft. on Ground Floor. The mode of payment in Annexure 'a' to this Licence Deed. " clause (c) "the area and total agreed deposit mentioned above is for super area which includes the covered area i. e. , area covered by walls, columns plus the area of Louvers, Storage space (Boxes), Balconies, Verandahs, the recessed spae below window silt plus the proportionate share of area under staircase, water tank, corridor, lift, lift room, AC plant, electric meter room, common toilet whatsoever provided in the building. "

(3.) After having been allotted the shop No. G-7, the complainant was shocked to find, at the time of taking over the actual physical possession, that the shop in question admeasured only 18.6 sq. ft. and in spite of repeated requests and reminders and the promises made by the O. P. the grievance of the complainant could not be redressed.