MANJIT SINGH SABHARWAL Vs. BPTP LIMITED

JUDGEMENT

(1.) THE complainant booked a residential flat with the opposite party on 04 -10 -2011 making a part payment of Rs.7,00,000/ -. On 15 -11 -2011, a unit bearing No.E55 -GF in Astaire Garden, Sector 70A, Gurgaon was allotted to the complainant. According to the complainant when he visited the site in April 2013, he found that the construction was not as per the agreement and the demands had been raised much prior to the construction and no school, community center/club, etc., were constructed. He also found that no approach road was provided for connecting the project to the main road. The allotment made to the complainant was later cancelled by the opposite party vide letter dated 13 -05 -2013. Being aggrieved from the cancellation of the allotment, the complainant is before us by way of this complaint seeking the following reliefs:

(2.) THE payment plan agreed by the complainant with the opposite party reads as under: <FRM>JUDGEMENT_106_LAWS(NCD)10_20141.htm</FRM>

(3.) ON perusal of the termination/cancellation letter dated 13 -05 -2013 we found that the allotment had been cancelled on account of non - payment of installments by the complainant despite a final notice dated 02 -04 -2013. We, therefore, when the matter came up for hearing on 15 -10 -2014, directed the complainant to file an affidavit stating therein as to on which date the casting of ground floor roof slab had taken place, when the casting of first floor roof slab had taken place, when the brick work was completed, when the internal flooring was completed and when the external plastering was completed. The complainant was also directed to file a statement indicating the dates on which the installments became due and on which dates the payment of those installments was made. He was also directed to indicate the interest if any paid by him for the delayed installments.