MADAN MOHAN GOEL & ORS Vs. RAJINDRA JAINA GROUP OF COMPANIES & ANR
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Madan Mohan Goel And Ors
Rajindra Jaina Group Of Companies And Anr
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(1.) THIS complaint has been filed by the four complainants who are members of a group housing society, claiming compensation of Rs. 9 lacs with 18% interest from the O.P. who has failed to deliver possession of the booked five commercial spaces inspite of regular payments.
(2.) ALLEGATIONS , in brief, are that on 9.5.1986 the O.P. company had placed an advertisement in the Indian Express wherein space for shops/offies at 'Mahavir Tower/MMTC/STC Commercial Complex near Aurobindo College, Hauz Khas, New Delhi was offered to the general public. The complainants booked commercial space in the building proposed to be constructed, i.e., Mahavir Tower at Plot No. B -2, MMTC/STC Shopping Centre, Malviya Nagar, New Delhi. A licence deed dated 25.6.1986 was entered between the complainants and the O.P. company. A periodical security deposit at th rate of Rs. 1,550 per sq. ft. of the super area was to be paid by the complainants. The complainant deposited the required instalments with the O.Ps. complainants had reserved their space in the proposed building in the following manner: Shops/Space No. of Units/ Accommodation Shri Madan Mohan Goel 2 Shri Jitender Kumar 1 Smt. Usha Goel 1 Shri. Brij Mohan Goel 1 (Each unit accommodation measured about 40 sq. ft.)
(3.) THE complainants made the payments to the O.P. -company to demostrate their willingness and interest in performing their part of the obligations. The complainants have since paid almost 40% of the total consideration i.e., about 2 lacs out of total value of Rs. 4.5 lacs. The O.P. company issued a letter dated 30.8.1989 stating that there were some delay in completion of the proposed projects and offered to allocate an alternative premises in lieu of the space booked at 'Mahavir Towers'. Shops were ready to be allotted in the year 1995.
The repeated and sustained refusal of the O.P. company to honour its commitment caused enormous financial and mental hardship and anguish to the complainants. Hence, this complaint.;
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