DEEPAK SHARMA Vs. BPTP LTD

JUDGEMENT

(1.) This complaint has been filed by Deepak Sharma against the opposite party.

(2.) The brief facts of the case are that the complainant had booked an independent Residential Floor (hereinafter referred as "Unit") worth INR.1,04,05,005/- (Rupees One Crore Four Lakh Five Thousand Five Only) in the project "Astaire Gardens" at Sector 70A, Gurgaon on 29th July 2011. An allotment letter dated 24th August 2011 was issued by the opposite party to the complainant stating that the complainant has been allotted Unit No.C-26-GF. Subsequently the opposite party after a delay of more than 5 months and after collecting INR.14,00,000/- (Rupees fourteen lakhs only) from the complainant, executed the floor buyer's agreement on 11.01.2012. As per the agreement the complainant was to get the possession of the unit by July 2015. However, the opposite party has till date not only failed to handover the possession of the unit, but has also failed to even start the construction of the unit till date. Now, the complainant does not want to proceed with the possession of the flat due to various reasons. The complainant wants refund of the entire money paid by him along with 18 % interest p.a. from the date of payment till the date of refund. Aggrieved, the complainant has filed the present complaint.

(3.) The learned counsel for complainant was heard for admissibility and the record was perused.