AJAY MEHTANI Vs. ANSAL HOUSING AND CONSTRUCTION LTD

JUDGEMENT

(1.) The complainant started depositing the instalments and ultimately a total sum of Rs.1,61,840/- was deposited by 11.12.1991 for a space in Sampark- 1, City Centre Panchkula. Its area was to be 119 sq. ft. However only area measuring 71.37 sq. ft. is being made available to the complainant. He has instituted this complaint and claimed refund of Rs.1,61,840/- together with interest @ 24% per annum. Besides this he has also claimed compensation to the tune of Rs.3.20 lacs on account of mental discomfort and harassment.

(2.) Ina reply filed on behalf of the respondent the main plea is that Clause 8 (a) of the agreement provided that there could be changes such as reduction or increase in the area of the space and there shall be no objection or claim, monetary or otherwise. However the respondent has also averred that since a smaller space has been offered to the complainant, his claim should not exceed more than Rs.47,648/- plus interest.

(3.) Clause 8 (a) of the agreement is reproduced as under : "if for any reason any changes are required to be made by Sanctioning Authorities or by the Architect or the Lessor reciting in reduction or increase in the area of the above space or its location and the proposed lessee shall have no objection to the same, and no claim, monetary or otherwise will be either raised or entertained except that there shall be proportionate increase/ decrease in premium amount and lease rent mentioned in Clause Nos.3 and 5 above. "