SAVTTA GUPTA Vs. VXL HEIGHTS PVT LTD

JUDGEMENT

(1.) THE short facts of the case are that, there was an agreement vide allotment letter dated 12.12.2006, between the complainant and the OP Developer, for purchase of a flat bearing No. B -2/104 at VXL Eastern Heights, Indrapuram, Ghaziabad, for a based price Rs. 14,85,000 to be constructed by the OP, the possession of which was to be delivered during the month of October 2008.

(2.) THE complainant has now come to this Commission with a complaint, and his grouse is that despite having paid Rs. 12,62,250, and Rs. 90,000 towards PLC (Preferential Location Charges), to the OP, there has been one year delay in the completion of project, and the OP on 15.9.2009 as a surprise, sent a letter, calling upon the complainant (copy of which is on the record) for taking delivery of the possession on payment of Rs. 8,51,554. Subsequently the OP vide letter dated 30.11.2009, (copy of which is available on record), has cancelled the allotment in favour of the complainant, on the ground that the amount demanded vide letter dated 15.9.2009 has not been paid, which is an unfair trade practice and deficiency in service on the part of the OP. He has made the following prayers against the OP in the complaint:

(3.) WE have heard Mr. Manish Jain, Counsel for the complainant at the preliminary stage of admission.