RAMAN ARORA Vs. DELCO REALTORS PRIVATE LIMITED

JUDGEMENT

(1.) The present Consumer Complaint has been filed under Sec. 21 (1) (A) read and Sec. 22 of the Consumer Protection Act, 1986 (for short "the Act") by the Complainant, Raman Arora against the Opposite Party, M/s. Delco Realtors Private Limited (hereinafter referred to as "the Developer") seeking refund of the deposited amount as the Developer has failed to hand over the possession of the booked Residential Plot in terms of the Agreement.

(2.) The facts as narrated in the Complaint are that the Complainant had booked a Residential Plot admeasuring 440.50 Sq. Mrs. in the Project, namely, "Samavana" proposed to be developed by Opposite Party Developer at Shakrila, Kuthar, P.O. Kuthar, Tehsil Kasuali, District Solan, Himachal Pradesh. Vide Allotment Letter dtd. 12/4/2012, Complainant was allotted Plot No. SK-A-30 for the total Sale Consideration of 1,08,03,856.70/-including miscellaneous charges. The Complainant paid the booking amount of 20,00,000/-and rest of the amount was to be paid in terms of Instalment Payment Plan attached with the Allotment Letter. Subsequently, the Plot Buyer's Agreement (hereinafter referred to as the "Agreement") was executed between the parties on 13/10/2012. According to Clause 10(a) of the Agreement, possession of the allotted Residential Plot was supposed to be handed over to the Complainant within 24 months from the date of the Application with a grace period of 90 days. Clause 10 (a) is reproduced as under:-

(3.) Therefore, the Complainant is before us praying as under:-