PREM KUMAR CHAUDHARY Vs. BESTECH INDIA PVT. LTD.

JUDGEMENT

(1.) The Complainant applied and booked a flat in a project known as 'Park View Sanskruti' in Gurugram, Haryana developed by the Opposite Party. The proposed flat measured 1995 sq. ft. for a total sale consideration of Rs.1,35,64,255.00. The Opposite Party also admits having booked the apartment on 10/5/2013 and issued a letter of allotment on the same date. The Apartment Buyer Agreement was executed on 23/9/2013 whereafter the Complainant started making payments in respect of the other installments. The agreement period for handing over possession was 36 months + 6 months of grace period.

(2.) The Complainant alleges to have paid Rs.48,80,089.00 upto 2014. According to the allegations made in the Complaint in Paragraph No. - 9, payments were received by the Opposite Party, at times even in advance and it is further alleged that in 2014 when the Complainant visited the site he made inquiries at the stage of construction and it is alleged that the project was much behind the schedule of construction. The Complainant alleges that he became suspicious as there was no likelihood of the project being completed, yet the Opposite Party was raising demands and had commenced raising a few towers. The Complainant alleges that he visited the officials of the Opposite Party / Builder who came out with stereo type answers calling upon the Complainant to make deposits under the agreement.

(3.) It is also alleged that even the basic phase of construction was not completed and some photographs downloaded from the website have been filed along with Complaint.