GIRISH JAIN AND ORS. Vs. DLF UNIVERSAL LTD.

JUDGEMENT

(1.) Complainants filed complaint against OP along with LA. No. 8410 of 2014 for grant of stay and submitted that complainants owner of one acre land entered into an agreement on 28.2.2007 with OP builder to develop land and as per agreement, 45% of the total super built area was to be given to complainants and 55% was to be retained by OP. It was further submitted that OP misused his dominant position and allotted scattered, unviable and undesired portions to the complainants which were left over after selling of a substantial portion to the third parties, so, OP may be restrained from creating any third parties interest till pendency of complaint.

(2.) OP filed reply and submitted that dispute raised by complainant pertains to commercial complex; hence, this Fora has no jurisdiction to entertain the complaint. It was further submitted that office area of 43191 sq. ft. and retail area of 2616 sq. ft. has been allotted to the complainants vide letter dated 10.7.2012 which has been acknowledged by complainants vide letters dated 12.7.2012 and 17.7.2012 and this area has been allotted in pursuance to letters of complainants dated 16.12.2010 and 4.1.2012. Neither prima facie case nor balance of convenience is in favour of the complainant and no irreparable loss will be caused to the complainants by not granting stay; hence, application be dismissed.

(3.) Heard learned Counsel for the parties and perused record.