DEEPAK SAWHNEY Vs. TECHNOLOGY PARKS LTD

JUDGEMENT

(1.) Mr. Deepak Sawhney, complainant, booked plot No.110 in Block A in the residential portion of Park City Complex near Surajpur (UP) which was to be developed by Technology Parks Ltd. , hereinafter referred to as the opposite party. ,the booking was done @ Rs.330/- per sq. yard. According to the payment plan 40% was to be deposited as earnest money with the application and the balance paid in 36 equal instalments. The plots were to be developed and handed over to the agreement purchasers within 3 years ending 16.1.1992. The complainant deposited Rs.39,468/- as earnest money and entered into an agreement dated 16.1.1989 with the opposite party. Various instalments were paid from time to time and the total payment made up to the date of filing the complaint was Rs.91,494/- out of the total cost of Rs.98,670/- leaving a balance of merely Rs.7,174/-. The opposite party, however, failed to take any steps to develop the land. Various dates were fixed for completion of the project and false representations made to the complainant that the work was going ahead and all hurdles in the way had been cleared. The complainant wrote several letters including letters dated 17.5.1991, 22.7.1991, 15.4.1993 and being left with no alternative filed the present complaint in March, 1997, claiming refund of the amount paid by him together with interest thereon and compensation as per details in para 11 of the complaint.

(2.) The opposite party appeared and filed a detailed written' statement to which a rejoinder was filed by the complainant.

(3.) The complainant also filed his detailed affidavit by way of evidence together with relevant documents. No affidavit by way of evidence has been filed on behalf of the opposite party. The opposite party failed to appear after filing the written statement. We have heard Mr. N. N. Anand, Advocate for the complainant and have gone through the record.