KRISHNA MALHOTRA W/O COLONEL SK MALHOTRA RESIDENT OF H.NO. D Vs. BAJWA DEVELOPERS LIMITED REGISTERED OFFICE SCO 17

JUDGEMENT

(1.) Counsel for the parties heard. The only question which falls for consideration is whether the shop in question was purchased for commercial purpose or for self- employment

(2.) The case of the petitioner / complainant Smt. Krishna Malhotra is that the Bajwa Developers Ltd., i.e. opposite party entered into the agreement with her dated 18.01.2012 Ex. C1, wherein she was allotted booth No. 421 (Ivy market) E10, S 123, Jandpur. The complainant paid initial amount of Rs. 06,12,500/- through four cheques dated 23.12.2011. It was agreed that the booth would be handed over to the complainant on 25.08.2012 on which date the balance amount of Rs. 18,36,000/- was to be paid. The complainant also deposited Rs. 03,90,000/- through cheque towards part payment of the booth on 15.11.2012 as per the demand made by the opposite party.

(3.) The grievance of the complainant is that the booth in question was not given to her. In October, 2013 the opposite party informed her that it had abandoned the plan of constructing Ivy market. That plan had failed. The OP paid back Rs. 09,62,500/- to the petitioner by arbitrarily deducting Rs. 39,500/- from the payment made by the complainant. The complainant filed the complaint with the request that the amount of Rs. 10,02,000 be returned with interest @ 18% and she also be paid Rs. 1,00,000/- for compensation and Rs. 50,000/- as costs of litigation.