M/S. New Generation Real Estates Pvt. ... vs Ramesh Chander Khurana & 2 Ors. on 13 February, 2015
In the case in hand it has specifically been provided in the brochure as disclaimer that developer reserves the right to change any area of all these in the interest of development and this printed material does not constitute any offer and party shall be governed by terms and conditions of Agreement for Sale. In the light of aforesaid judgment it becomes clear that on the basis of brochure which is apparently an invitation to offer, opposite parties cannot be restrained by temporary injunction. Learned counsel for the respondents placed reliance on judgment of this Commission in I(2015) CPJ 567 (NC) - New Generation Real Estates Pvt. Ltd. & Anr. Vs. Ramesh Chandra Khurana & Ors., in which compensation granted by District Forum was upheld as there was inordinate delay in executing Sale Deed and promise made in the advertisement did not match with construction and site plan was amended without consent of allottees. In the case in hand all these questions are to be decided while deciding complaint and prima-facie opposite party is acting as per clauses of agreement for sale executed between the parties.