VISHAL AGGARWAL Vs. GANPATI BUILDERS

JUDGEMENT

(1.) THE short facts of the case are that the complainant vide buyer's agreement dated 10.8.2006, copy of which is annexed No. 1 available on the record had executed between the complainant and the OP builder had booked a flat G -9, ground floor, comprising super area of 1232 sq. ft. approx. for a basic price of Rs.14,80,000. Pursuant to the said agreement, the complainant by 10.11.2006 has paid the OP builder Rs. 14,06,000, and a balance amount of Rs. 74,000 is to be paid by the complainant to the OP at the time of delivery of possession to him. According to the buyer's agreement, the construction was tobe completedby December, 2007 but no date for delivery of possession was mentioned either in the buyer's agreement or the allotment letter dated 24.7.2006 issued by the OP in favour of the complainant. A clever move on the part of the OP. The contention of the complainant is that on his recent visit, he found that at Ganpati's Emrald Heights Apartments at Shastri Puram, Agra where Flat No. G -9 was allotted to the complainant, no such flat exists at the site. The complainant also sent a legal notice to the OP enquiring about all that, which was served by the complainant on 31.3.2010, which was received by the OP, but in vain. The complainant then finally called upon the OP to cancel the allotment and refund his entire money along with interest and compensation. The complainant has how come to this Commission with the following prayers:

(2.) WE have heard Mr. A.K.Srivastava, Counsel for the complainant.

(3.) CLAUSE 30 of the Buyer's Agreement quoted hereinafter, provides specifically with regard to the jurisdiction of disputes relating to the buyer's agreement;