M/S Riviera Apartments P.Ltd v. Rattan Gupta & Anr

PRADEEP NANDRAJOG, J.

J.R.MIDHA, J.

NOVEMBER 19, 2008 mm

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 124/2006 % Date of Order : 19.11.2008 M/S RIVIERA APARTMENTS P.LTD. .... Appellant Through: Mr. Dinesh Garg, Advocate versus RATTAN GUPTA & ANR. ..... Respondents Through: Mr. Anurag Kumar Aggarwal, Adv. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE J.R.MIDHA 1. Whether reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether judgment should be reported in Digest? : PRADEEP NANDRAJOG, J.(Oral) 1. Heard learned counsel for the parties. 2. Respondent No.1 Ratan Gupta, the plaintiff had booked a flat with the appellant and had paid Rs.15,00,000/- on various dates to the appellant. Having received back Rs.15,00,000/- and having executed a receipt, Ex.PW-1/DX1, as also having executed a no claim certificate, Ex.PW-1/DX2, both dated 30.11.1996 he proceeded to file a suit for recovery of Rs.7,12,000/- impleading appellant as defendant No.1 and one Rajiv Kumar as defendant No.2. He stated in the plaint that notwithstanding the receipt and the no claim certificate recording a full and final settlement between the parties, it was agreed between him and the appellant that he would be paid interest on Rs.15,00,000/- which he had paid from time to time to the appellant interest being @ 24% per annum and that apart from the payments made by cheque to the appellant he had paid Rs.2,00,000/- in cash at the time of booking of the flat which amount was stated to have been agreed to be repaid to him. Defendant No.2 was stated to be the broker who had finalized the deal. 3. In this manner, claiming Rs.5,12,000/- as the stated interest and Rs.2,00,000/- as return of the advance payment stated to have been paid in cash, suit was filed for recovery of Rs.7,12,000/-. 4. Needless to state the defence of the appellant was that no money was received in cash and that the respondent No.1 was the defaulting party under the contract which entitled appellant to forfeit the money received but as a measure of good-will the same was returned without any forfeiture. Any agreement to pay interest much less @ 24% per annum on the amounts received by the appellant from respondent No.1 was denied. 5. Ex.PW-1/DX1 reads as under:- "Received from M/s RIVIERA APARTMENTS PVT. LTD. Rs. 15 Lacs (Rupees fifteen Lacs only) vide Bankers Cheque No.042190 dated 14-11-1996 in full and final refund of the entire amount paid to M/s RIVIERA APARTMENTS PVT. LTD., paid over a period of time as follows:- S.No. Date Receipt No. Amount 1. 30-04-96 3887 Rs.2,00,000.00 2. 06-05-96 3888 Rs.2,00,000.00 3. 09-05-96 3890 Rs.1,00,000.00 4. 01-08-96 3897 Rs.5,00,000.00 5. 17-09-96 3906 Rs.5,00,000.00 _______________ Total Rs.15,00,000.00 _________________ I confirm that the booking of the Dupliex Unit No.4 in the proposed project at Bungalow No.1, "VIVEK", 45, Mall Road, DELHI-110054 made by me vide the Company's Booking Confirmation letter dated 30-04- 1996 has been cancelled by me and this amount is being received in full and final consideration of my own free will without any pressure or compulsion. After the receipt of this amount, I acknowledge that I do not have any claim or lien on the said booking as Company is free to deal with the same in any manner they deem fit. I further confirm that I have been fully satisfied with the dealings of the Company with me and in an amicable manner I am hereby withdrawing my booking after having received the full refund of the amounts paid to them. This receipt is binding on all my successors and heirs and no one shall claim any privileges or dues from the Company but in case there is any such claim, or any demand, I will cover the Company against all such harms, costs and expenses and shall keep them indemnify fully against any such proceedings by any individual claiming through or under me." 6. Ex.PW-1/DX2 reads as under:- "NO CLAIM/LIEN RECEIPT I, Rattan Gupta, R/o 30, North, Riviera Apartments, Mall Road, Delhi-110054, do here