SURBHI BHARGAVA vs CAPITAL BUILDERS

THIS order will dispose of case No. C-21, C-42, C-43, C-44, C-50 & C-51/92, which contains similar questions of law and fact.

BRIEFLY the facts in the judgment are. being given from C- 50/92. The respondents are carrying on the business as builders, promoters and developers of land. They advertised in various Newspapers regarding sale of plots in Amit-City-one of their projects at Ghaziabad. The complainant booked a plot No. 216 measuring 200 Sq. yds. in Block-D on 6.2.89 at the office of the respondent''s situated at Kamla Nagar, Delhi. It is alleged that at the time of booking the plot, he was assured that the land on which the plots had been carved out was exclusively owned and possessed by the respondent and they had clear marketable title thereof. They further assured that the possession of the plot would be delivered to him latest by Jan. 1991. He paid an amount of Rs. 49,500/- , the total price of the plot, vide Receipt No. 1094 dt. 6.2.92. At the time of booking the plot, the respondents got signed an agreement dt. 6.2.89 from the complainant. It is alleged that the respondents failed to complete the development of the plot and hand over the plot to him within a period of 2 years as assured by them.

It is next pleaded that it has been appearing in the newspapers that the land of the Amit City and the other land of the respondent had been acquired by the Ghaziabad Development Authority. The complainant, it is stated, is entitled to the refund of his amount alongwith interest @24% p.a. from 6.2.89 till the date of payment and Rs. 1 lac on account of damages/compensation.

NOTICE of the complainant was given to the respondents for 25.3.92. Shri R.S. Rana, agent for the respondents appeared on 25.3.92 and requested for time to file the written statement. The case was adjourned to 20.4.92. On 20.4.92 no one appeared on behalf of the respondents consequently, they were proceeded against ex -parte. The case was adjourned to 13.5.92 for ex-parte evidence. On 13.5.92 Shri P.K. Jain advocate for the complainant filed an affidavit of Shri Ashutosh Pury by way of evidence. The case was adjourned to 27.5.92 for arguments. On 27.5.92 the case was again adjourned for arguments, to 11.6.92. It was ordered that the respondents be informed ''under certificate of posting'' that they had been proceeded against ex-parte. In pursuance of that order a letter was sent to the respondents under certificate of posting, but still no one appeared on their behalf at the time of the arguments. The complainant has filed an affidavit of Shri Pury in support of his allegations in the complaint. He has also filed the receipt issued by the respondent in token of having received Rs. 49,500/- as price of the plot No. 216 measuring 200 sq. yds. in Block-D. It is thus established that the. complainant paid an amount of Rs. 49,500/- on account of the price of the plot to the respondents. It was provided in the agreement that the respondents would execute the registered sale deed in favour of the complainant after having received the full price from the complainant. However, nothing has been done till date, though the full price has been paid by the complainant. Under the circumstances we are of the opinion that the complainant is entitled to the refund of the amount deposited by him with the respondents.

THE complainant is also entitled to recover interest by way of damages (a) 18% on the said amount from the respondents from the date of payment till the date of filing the complaints the amounts, which are due to the complainants in each case on account of the principal and interest upto the dates of the complaints have been given in annexure ''A'' attached with the order. THE complainants are thus entitled to recover the amounts mentioned against their names from the respondents. As we have given to the complainants damages by way of interest, therefore, we are of the view that they are not entitled to get further damages. No additional arguments has been made in the other complaints. The amounts which are due to the complainants "in other complaints have also been given in annexure ''A'' attached with the order. For the aforesaid reasons we accept the complaints and direct the respondents to pay the amount mentioned in column No. 8 of annexure ''A'' to the complainants with interest @ 18% p.a. from the dates of filing the complaints till the date of realisation within a period of 3 months. As the respondents have not contested the cases, therefore, we make no order as to costs. Complaint allowed.