LAWS(NCD)-2020-2-5

KRISHNA VILLA APARTMENT Vs. PUSHPENDER SINGH SHEKHAWAT

Decided On February 10, 2020
Krishna Villa Apartment Appellant
V/S
Pushpender Singh Shekhawat Respondents

JUDGEMENT

(1.) The Complainant/Respondent is present in person. He submits that he wants to argue his case himself. Accordingly, I have heard the Learned Counsel for the Appellants and have also heard the Complainant/Respondent.

(2.) M/s. Krishna Villa Apartment, Appellant in FA No.310 of 2016, owned some land in Jagatpura, Jaipur and it entered into an Agreement with M/s. Gold Dream Builders and Developers for construction of residential apartments on the said land. The construction was to be carried out solely by M/s. Gold Dream Builders and Developers. The residential flats, to be constructed by the said builder, were to be shared between the Land Owner, M/s. Krishna Villa Apartment and the Builder, namely, M/s. Gold Dream Builders and Developers. 80% of the apartments could be sold by the Builder whereas 20% of the apartments were to come to the share of the Land Owner.

(3.) The Complainant booked a residential apartment with M/s. Gold Dream Builders and Developers and Flat No.D-603 in the proposed project was allotted to him for a total consideration of more than Rs.22,00,000/-. An Agreement to Sale was then executed on 17-01-2007 between the Land Owner, M/s. Krishna Villa Apartments, the Builder, M/s. Gold Dream Builders and Developers Ltd. and the Complainant, Mr. Pushpender Singh Sekhawat. In terms of the Agreement, the possession was to be delivered to the Complainant within 24 months of the commercial launch of the project.