- (1.)Heard Shri S. K. Gambhir, learned senior counsel for the appellant and shri S. S. Khanduja, learned counsel for the respondents.
(2.)In pursuance of the advertisement dated 1.9.1982 issued by the Jabalpur Development authority (for short 'jda') , the appellant made an application for purchase of one MIG flat covering 860 sq. ft. at a price of Rs. 1,10,000. 00. The flat was to be made ready in 18 months time i. e. by April, 1984. The appellant deposited the entire sum of rs. 1,10,000/- on 6.4.1984, within three days of receipt of the demand letter dated 3.4.1984 from the JDA. The flat was not ready for delivery till March, 1987, when under the order of the High Court, possession of the flat was delivered to the appellant after he deposited the amount as per the direction of the court.
(3.)The dispute raised in the case relates to the demand of additional cost by the JDA on the ground that the floor area of the flat was increased and extra expense was incurred due to changes made in flooring, doors and painting, etc. The extra cost, as calculated by the JDA, was Rs. 52.475. 00 and the appellant was called upon to pay the said amount.