AZAD SINGH ARYA Vs. BESTECH INDIA PVT. LTD

JUDGEMENT

(1.) Heard learned counsel for the complainant and learned counsel for the opposite party.

(2.) The pendency of this complaint saw two amendments proposed by the complainant. The first amendment sought was a relief for refund of the entire amount instead of the main relief for possession. This amendment application was moved on 2/11/2018 but withdrawn on 29/1/2019. The complainant then moved another amendment application for the same relief on 18/3/2019 which was dismissed on 3/1/2023. Since the said order extracts the relevant facts pertaining to the dispute in question, the same is reproduced hereunder:-

(3.) Learned counsel for the complainant has urged that he was being compelled to give a declaration at the time of possession with regard to clearance of the entire dues, and it is for this reason that he actually did not accept physical possession on the letter of possession dtd. 21/8/2018. The fact that offer of possession was made on 10/7/2018 and the possession letter was formally handed over on 21/8/2018 is not disputed.