UNIQUE BUILDER AND DEVELOPER Vs. UPENDRA KUMAR ARYA

JUDGEMENT

(1.) AS per the report of the Registry, the respondent/complainant had been served by the registered post on 24.01.2015. No one, however, is present for the complainant/respondent despite service. We have consequently proceeded to hear the revision petition on merits.

(2.) THE petitioner launched a project consisting of residential flat namely Unique Tower in Jagatpura, Jaipur. The complainant booked a residential flat measuring 1,250 sq. ft on the first floor and made a down payment of Rs. 1 lakh to the petitioner. The price of the flat was agreed at Rs. 1,330/ - per sq. ft. After paying the booking amount of Rs. 1 lakh, the complainant made further payments to the petitioner, thereby taking the total amount paid by him to Rs. 8 lakhs till Diwali of 2008.

(3.) VIDE letter dated 30.05.2009, the complainant who is an Advocate by profession, sent to the petitioner, a cheque of Rs.1 lakh towards part payment of the flat. Acknowledging the said payment vide letter dated 23.02.2009, the petitioner informed the complainant that he had not remitted payment to the extent of 55% of the charges towards parking, club house and power backup which comes to Rs. 96250 (55%) of Rs. 175000. The complainant was requested to remit the said amount immediately. It was also stated in the said letter that the complainant had not sent the agreement duly signed by him.