| ORDER | Date of Decision: 12.03.2014 First Appeal No. - 1131/2012(Arising from the order dated 05.10.2012 passed by District Forum-VI in Complaint Case No. 604/2010) Today Homes and Infrastructure Pvt. Ltd., 8th Floor, Statesman House, Barakhamba Road, New Delhi-110001. | | …………… Appellant | | | | | Vs | | 1.Mrs. Asha Gupta, E-7, Geetanali Enclave, New Delhi-110017. 2.Mr. Pran Nath Gupta, E-7, Geetanali Enclave, New Delhi-110017. | | | | | ……….. Respondents | | | | Coram SalmaNoor,PresidingMember NP Kaushik,Member(Judicial) | | | 1. | Whether reporters of local newspaper be allowed to see the judgment? | 2. | To be referred to the reporter or not? | N P Kaushik, Member (Judicial) | | | | | |
- The Appellant has impugned the orders dated 5.10.2012 passed by the District Forum-VI, M-Block, Vikas Bhawan, New Delhi. Vide said orders, the Appellant was directed to pay an amount of Rs. 1,16,613/- and Rs. 10,000/- towards compensation within a period of 30 days.
- Case in brief of the Complainant was that they entered into an agreement to sell with the Appellant herein on 6.5.2005. Vide clause 19 of the agreement, the possession of the flat was to be handed over within a period of 18 months from the date of execution of the agreement. The Appellant failed to deliver. As per clause 19 of the agreement, amount @ Rs.5/- per sq.mt. per month for the delayed period of possession was required to be paid. Area of the flat was 1500sq.ft. The amount thus worked out to Rs. 1,16,613/-.
- It is the admitted case of the parties that the flat was handed over after a delay of 18 months and 17 days. The only defence raised by the Appellant herein was that vide undertaking dated 10.3.2008, the Complainant had agreed not to make any claim against the Appellant. The relevant clause of the said agreement is reproduced below:
“That we have taken the possession after being satisfied with the quality and the specifications of the flat and shall not make any claim whatsoever nature against the company and shall abide by the terms of the Agreement to sell dated 6th May 2005 and the terms of the Maintenance Agreement executed with the Maintenance Agency.” - A careful scrutiny of the abovesaid clause shows that parties agreed to remain bound by the terms of the agreement dated 6.5.2005. The Appellant herein cleverly drafted the agreement only to escape this liability without clearly disclosing that clause 19 of the agreement dated 6.5.2005 shall not be acted upon. For these reasons, we are of the considered opinion that the District Forum has rightly held that the Appellant is liable to pay the amount as referred to above. Appeal is hence dismissed with costs of Rs. 25,000/-. In the event, the Ld. District Forum’s aforesaid orders dated 5.10.2012 are not complied with within a period of 30 days from today, the Appellant herein shall be liable to pay interest @ 12% per annum on the amount payable.
- FDR/Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
- A copy of this order be forwarded to the parties free of charge. A copy be sent to the District Forum concerned. File thereafter be consigned to Records.
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