GAUTAM AHUJA Vs. ANSAL PROPERTIES AND INDUSTRIES LTD

JUDGEMENT

(1.) Briefly the facts are that the complainant booked a house with respondent No.1 through respondent No.2 in Sushant Lok, Gurgaon, which was being developed by respondent No.1. He deposited an amount Rs.3,99,172.50 as part price. It is alleged that the house which has been allotted to the complainant does not exist on the site. Consequently he filed a complaint for the refund of Rs.3,99,172.50 with interest @ 18% p. a. and damages.

(2.) The complaint has been contested by the respondent. They have controverted the allegations of the complainant and have inter-alia pleaded that the house was to be delivered to the complainant by first of August '94, that the house was being constructed and he would be delivered possession of the same by that date subject to his payment of the balance amount. It is further pleaded that the site plan had been modified by the Director Town and Country Planning, Haryana and according to the modified plan the house number of the house i. e. No. C-784 which had been booked by the complainant had been numbered as C-884, and that the said house is under construction.

(3.) We have heard the learned Counsel for the parties at a considerable length. It is not disputed that the possession of the flat can be delivered to the complainant upto 1st August '94 and that he paid an amount of Rs.3,99,172.50 to the respondent on account of part price of the flat. An affidavit has been filed on behalf of respondent No.1 that the house is under construction and its possession would be delivered to the complainant by first of August '94. It is further stated that some of the houses in the vicinity have already been constructed and are nearing completion and in case the complainant wants he can make choice out of them and he would be given possession earlier.