Mr. Justice R.N. Mittal, President— Briefly, the facts are that the complainant booked a flat measruing 872 sq. ft. @ Rs. 630/per sq. ft. in ‘Neel Padam Kunj’, a multistoreyed building to be constructed by the Opposite Party, in April, 1991. The total price of the flat came to Rs. 5,49,360/-. The building was to be completed by the end of 1992, but it is alleged that it is not ready as yet. The complainant is now required to pay an amount of Rs. 7,10,476/on account of the price of the flat. It is averred that now the area of the flat is stated to be 1120 sq. ft. which could not be increased from 872 sq. ft. to 1120 sq. ft. unilaterally by the O.P. Consequently, it is prayed that the O.P. be directed to refund the amount deposited by him with interest @ 24% p.a., pay damages amounting to Rs. 75,000/or in the alternative to give the flat to him at the original price of Rs. 5,49,360/-.

2. The complaint has been contested by the O.P. They have controverted the allegations of the complainant. They have inter alia pleaded that while booking the flat it was mentioned that the area of 570 sq. ft. was approximately area and that the complainant was bound to pay for the super area and ad