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2012 Supreme(Del) 1801

V.K.JAIN
Mauvari Nagamani – Appellant
Versus
Ajs Builders(Pvt) Ltd. – Respondent


Advocates appeared:
For the Appellants:Harkirat Sawhney & Ms. Samprikth Ghosal, Advocates.
For the Respondents: None.

Judgment :-

V.K. JAIN, J.

1. By this order, I shall dispose of all the eleven suits, referred to above , since they all involve common issues.

CS(OS) No.722/2011

2. The plaintiff in suit no. 722 /2011 Ms. Mauvari Nagamani booked two residential plot admeasuring 240 sq. Yards in AJS City situated on National Highway No. 1, GT Karnal Road, Gaunar, Sonepat (Haryana ) @5950 per sq. Yard and paid a sum of Rs4,30,000/-vide two separate cheques. A further payment of Rs 5,82,800 /-was made by her to the defendant, when called upon to make further payment and thus a total sum of Rs. 10,12,800/-was paid for the plots booked with the defendant.

Despite receiving the aforesaid amount from the plaintiff, defendant did not carry out any development work and the plaintiff, therefore, sought refund of entire amount of Rs.10,12,800/-along with interest. The defendant expressed its inability to refund the said amount but persuaded the plaintiff to book an apartment in ‘AJS Hill View Apartments’ complex which it claimed to be developing in Gurgaon. The defendant agreed to transfer the aforesaid amount of Rs. 10, 12,800/-towards booking of two apartments in ‘AJS Hill View Apartments’in the manner that






















































































































































































































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