COSMIC SOFTWARE Vs. NEW OKHLA INDUSTRIAL DEVELOPMENT

JUDGEMENT

(1.) WE do not find any substance in the grievance put forward by the Petitioner. The agreement between the parties clearly stated that it was for the construction and sale of two flats and there was a stipulation in the agreement that the price of the flats shall be fixed only after the construction was completed and when delivery of the flat was being effected. At the time of delivery the Opposite Party has demanded increased cost in respect of the flats. This does not constitute deficiency in service as the contract itself contemplated that the price will be refixed after the construction work is over. The Original Petition is devoid of merits and is dismissed. The Complainant will pay a sum of Rs. 2,500/- by way of costs to the Opposite Party.