JOGINDER SINGH Vs. MAPSKO BUILDERS PVT LTD

JUDGEMENT

(1.) THE petitioner/complainant booked a plot measuring 250 sq. yards in a project named MAPSKO GARDEN ESTATE of the respondents in Sectors 26, 26A and 27 of Sonepat. He paid the booking amount of Rs.1,97,500/ - on 11 -01 -2010. The payment plan agreed between the parties was as under:

(2.) IT would, thus, be seen that the complainant/petitioner was required to make payment to the builder in a time bound manner and 95% of the payment had to be made by 13 -03 -2011. Only 5% of the basic price amounting to Rs.1,06,255/ - was to be paid at the time of handing over possession to the complainant.

(3.) THE petitioner made a second payment of Rs.1,97,500/ - on 05 -03 -2010 i.e. about 23 days after the scheduled date. Even the said payment was not complete since he had to make payment of Rs.2,12,510/ - on or before 10 -02 -2010. The petitioner/complainant made payment of Rs.2,96,250/ - on 22 -03 -2010 though he had to pay Rs.3,18,765/ - on or before 12 -03 -2010. The installments which fell due on 11 -09 -2010, 11 -11 -2010, 01 -01 -2011, 11 -03 -2011 and 31 -07 -2013 were not at all paid by the petitioner/complainant. Though the petitioner did not make payment within the time stipulated in the agreement, on completion of the development work the respondent/builder issued a letter dated 31 -07 -2013 to him demanding the outstanding amount alongwith interest for the belated payment. However, instead of making the aforesaid payment and taking possession, the complainant approached the Sonepat District Consumer Disputes Redressal Forum (for short, the District Forum), seeking the following reliefs: