NEELU VIRLLEY Vs. G P ARORA

JUDGEMENT

(1.) The complainants entered into an agreement with the OPs for purchase of the second floor of house no. 18 on road no. L-19 in DLF Qutub Enclave Phase-II, Gurgaon for a consideration of Rs.1,64,00,000/-. The said agreement was executed on 27.01.2014. Clause 3 of the said agreement reads as under:

(2.) The case of the OPs in para 8 of the written version is that they had actually completed the work by March 2014. However, there is no documentary evidence of the construction work having been completed by March 2014. No report from an architect has been filed by the OPs to prove that the construction was complete in terms of clause 2 of the agreement by March 2014. In fact, the written version filed by the parties does not even disclose the name of the contractor who constructed the flat and the architect who supervised the said construction. No evidence of the contractor or the architect has been filed to prove that the construction of the flat was completed in March 2014.

(3.) Had the construction been completed by March 2014, as is claimed by the OPs, they would have at least sent a notice to the complainants requiring them to pay the balance amount. Admittedly, after execution of the agreement, the complainants made a further payment of Rs.25 lacs to the OPs in installments, last payment having been made in 13.06.2014. On the construction of the flat been complete by March 2014, the least the OPs would have done was to send a legal notice to the complainants informing them of the completion of the construction and requiring them to pay the balance amount of Rs.74 lacs.