YASH PAL MARWAHA Vs. PUSHPA BUILDERS LTD

JUDGEMENT

(1.) This is a case wherein a builder promised a Non-Resident Indian (NRI) to allot a deluxe residential flat in Krishna block in the year 1989, in the complex of Pushpa Aakash Apartments to be built exclusively for NRIs, which was never built. Ultimately, the purchaser was offered a flat in 'Kaveri' block in an unfinished condition, which, till today, is not finished and it does not have a completion certificate from the Competent Authority i.e., Ghaziabad Development Authority.

(2.) Heard Mr. B.S. Mor, learned Counsel for the complainant and Dr. J.C. Batra, learned Senior Counsel for the opposite parties. Case of the complainant:

(3.) The complainant, Shri Yash Pal Marwaha, a Non-Resident Indian (NRI) residing in United Kindom, has filed this complaint through his duly appointed true and lawful General Power of Attorney. It is the say of the complainant that M/s. Pushpa Builders Ltd., (Builder), opposite party, during the years 1988-89, attracted the citizens of India by colourful and attractive advertisements about its having purchased land on freehold basis in Vaishali, District Ghaziabad (U.P.) for constructing high-rise apartments known as Pushpa Akash Apartments with five blocks namely 'Ganga', 'Yamuna', 'Godavari', 'Kaveri' and 'Saraswati' and for the NRIs 'NRI Exclusive' deluxe apartments with special features at considerably higher rates in the name of 'Krishna' block. In the month of July, 1989, the complainant booked and secured allotment of flat No. F-7 at a cost of 44,156. The complainant went on paying instalments for this flat. Suddenly the opposite party unilaterally and arbitrarily offered to allot another apartment No. B5 SC4 lower FF in 'Kaveri' block meant for the Indians only, through a letter vide reference PBL/NRI/11723 dated 3.12.1991 stating the same to be a final allotment. The complainant immediately got the offer of allotment of the alternate apartment repudiated through his Solicitor based in U.K., London, and demanded refund of money with interest within a period of 30 days. Around this very aforesaid period itself, there was a rumour that the entire project stood abandoned due to the involvement of Shri V.K. Soin, CMD of the opposite party, in a murder case which was found to be true and correct later on vide judgment and order dated 28.8.1997 passed by the Additional Sessions Judge, New Delhi. However, as the substantial amount for the flat was paid by the complainant, the complainant had no option but to accept the allotment of inferior flat in 'Kaveri' block.