SUKARMA SUNDRA Vs. VIPUL LTD & ANR

JUDGEMENT

(1.) The complainant booked a Villa to be constructed on a plot of land measuring 358.8 sq. yds. with the opposite party no. 1 for a consideration of Rs. 2,48,34,666/-. He made an initial booking payment of Rs. 16,50,000/- to the opposite parties. A Villa was accordingly allotted to the complainant vide allotment letter dated 21.01.2008. As per the payment plan agreed between the parties after payment of booking amount of Rs. 16,50,000/-, the complainant was required to pay Rs. 29,76,517.76/-, Rs. 23,13,258.88/- and Rs. 24,72,924.88/- within 30 days, 60 days and 120 days respectively from the date of allotment. Thus the complainant was required to pay a total sum of Rs. 94,12,701/- to the opposite parties inclusive of the booking amount, on or before 21.05.2008. The complainant, however, paid only Rs. 23.5 lakhs inclusive of booking amount by that date. He made payment of Rs. 11,72,927/- on 20.06.2008, followed by payment of Rs. 43,89,775/- on 23.06.2008. Some of the payments were made directly by the complainant, whereas the remaining payment was made through his banker, ICICI Bank Ltd. Since there was a default on the part of the complainant in making payment in terms of the agreement between the parties, the allotment came to be cancelled vide letter dated 16.05.2009.

(2.) It is thus evident that the complainant failed to make the entire payment of Rs. 94,12,701/- inclusive of the booking amount, which he was required to pay within four months from the date of booking. Therefore the opposite party became entitled in law to cancel the allotment which it had made to the complainant.

(3.) The learned counsel for the complainant submits that since construction work had not even commenced on the site, the banker of the complainant did not agree to release the payment despite having sanctioned loan to him and that was the reason, payment could not be made. We, however, find that the amount payable within 120 days from the allotment had no linkage with the construction on the part of the opposite party or disbursal of loan to the complainant. The linkage with construction started only from the instalment which was payable within 180 days from the allotment or start of external development work in the Complex. Had the complainant made payment of the entire amount which was payable within 120 days from the date of allotment, only then he could have a justification for not making further payment on the ground that the construction work at the site was not commenced by the opposite party. Since the complainant failed to perform his obligation under the agreement between the parties, the cancellation was fully justified and cannot be considered as a deficiency in the services rendered to the complainant.