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Judgment
-THE complaint is filed on the ground that, under the agreement sale, the flat No. 1, on the Ground Floor, the opposite party agreed to sell 900 sq. fts. plus ground of 130 sq. ft. open place. But an actual measurements of the flat it came to about 825 sq. fts, and that, therefore, the purchaser of the flat claimed for refund of the amount of Rs. 19,500/-being the price paid by him for the plinth area which was not delivered to the complainant.
THIS was opposed mainly on the ground that they agreed to deliver 900 sq. fts, inclusive of common areas and not the plinth area of the flat as such. The District Forum considered the terms of the agreement and came to the conclusion that, it is not mentioned in the agreement that 900 sq. fts include the common areas. A Commissioner was appointed and also joint inspection was made and on that basis the District Forum came to the conclusion that the extent if the plinth area delivered to the complainant is 825 sq. fts. It, therefore, directed the payment of the amount to the complainant. In this appeal the only contention raised is that the area of 900 sq. fts contemplated in the agreement includes the plinth area of the flat, as well as common areas. There was no mention of the common area in the agreement, but it was only mentioned that 130 sq. fts open space, is also sold to the complainant. In the absence of specific mention that 900 sq. fts includes common area, we are not inclined to disagree with the conclusion reached by the District Forum. The appeal is dismissed. No costs. Appeal dismissed.