1. To own a house is one of the lifetime dreams/wish of millions across the globe. In India, people save money with the hope that some day they will be able to build or buy a house or an apartment for their family. However, many of them become victims of deceit practised by unscrupulous builders/developers, who make false/misleading representations/promises by issuing fascinating advertisements to induce unsuspecting customers to invest their hard-earned money and then delay the projects for years together leaving the customers with no choice but to seek intervention of judicial or quasi - judicial forums. Unfortunately, on account of lack of adequate infrastructure and non-availability of manpower, these forums also take years to decide the cases and at times the third generation of the original applicant is able to reap the fruits. The present one is also a case in which the third generation of Smt. Gursharan Kaur, who had booked the flat in 1989 in the building proposed to be constructed by Respondent No. 2- M/s. Suneja Towers Pvt. Ltd. has been prosecuting the complaint for last more than 8 1/2 years.
2. Respondent No. 2 was allotted free hold plot No. 7 by Ghaziabad Development Authority for developing a group housing scheme. The allotment letter was issued on 15.04.1989 and possession of the plot was given on 02.01.1990.
3. About five months before getting possession of the plot, Respondent No. 2 issued an advertisement in the form of a brochure to induce the public to seek allotment of flats/apartments in the multi-storied buildings proposed to be constructed as part of the group housing scheme. The first and second page of the brochure and some of the stipulations contained in the body thereof are extracted below:
"A NAME SYNONYMOUS
WITH QUALITY AND
RELIABILITY
SUNEJA'S
Siddharth - Shila
Apartments
IN VAISHALI TOWNSHIP
WHERE YOUR DREAM HOME BECOMES YOUR REAL HOME"
"This is Our Story
A Bonanza for you from Sunejas one of the most trusted, renowned, fast growing and leading Builders of Northern India with their wings spreading in East and South India.
WE ARE engaged in Civil Engineering Construction and Real Estate Development projects and area professionally managed company manned by highly qualified and experienced technical personnel at all levels to Engineering, high rise structures housing, colonisation, industrial complexes like refineries, fertilizers, cement and other chemical plants, transmission towers, food processing plants, ropeways, institutional buildings, land reclamation, roads, bridges and stadia.
Backed by an excellent track record, Suenja's Projects be they Commercial or Residential have always received an overwhelming response. Because in keeping with their philosophy of offering great value for your money, you get more than just a decent flat: A Modern Home coupled with rarities like on time completion, and top quality construction."
'Apartments of two and three bedrooms having Super Area of approx. 1000 sft. And 1250 sft. respectively.
Project to be completed in 36 Months.
Payment Terms are Simple and linked with construction schedule. Easy Interest Free Installments."
(Underlining is mine)
4. Lure........