DAYA CHAND Vs. DLF UNIVERSAL LTD

JUDGEMENT

(1.) This is an original complaint filed by Shri Dayachand and some members of the Chandralok Maruti Employees Cooperative House Building Society Ltd., Chakarpur, District Gurgaon, Haryana against opposite party No. 1, Chairman -cum -Managing Director, DLF Universal Ltd., New Delhi and opposite party Nos. 2 and 3 who are President and Secretary respectively of the Chanderlok Maruti Employees Cooperative House Building Society Ltd. Brief facts of the case are:

(2.) IT is stated that on 7th September, 1992 a supplementary agreement was also executed between the opposite parties without informing its members (complainants) and this agreement provided that a sum of Rs. 80 lakh was already paid by the opposite party No. 3 to opposite party No. 1 and the agreement was also modified the complainants allege that this agreement between the opposite parties is executed without informing its members and hence it is fraud and criminal breach of trust on the part of O.Ps.

(3.) IT is further alleged that opposite party No. 1 has failed to hand over the actual and physical possession of the said flats as per the Clause 17 of the agreement dated 25.3.1992 wherein possession of these flats was to be delivered by the builders to the society within one and a half years from the date of the execution of the agreement. The actual possession of the houses was given on 24th February, 1994 instead of 25.9.1993 and the delay of five months is in breach of provisions of the aforesaid agreements. Hence, the complainants claimed damages from the opposite parties.