SACHIN GOTHWAL AND ORS. Vs. VATIKA LIMITED

JUDGEMENT

(1.) The complainants /appellants booked a residential floor with the respondent in a project namely Emiliya Floor which the respondent was seeking to develop in Gurgaon. The aforesaid floor was booked on 12/4/2009. The following was the payment plan stipulated in the application submitted by the complainants/appellants for allotment of the residential floor: <IMG>JUDGEMENT_151_LAWS(NCD)1_2019_1.jpg</IMG>

(2.) Vide allotment letter dtd. 20/8/2009, the respondent allotted a floor in the aforesaid project to the complainants. The said allotment was followed by execution of an agreement between the parties on 21/1/2010. The following was the payment plan which formed Annexure III to the said agreement: <IMG>JUDGEMENT_151_LAWS(NCD)1_2019_2.jpg</IMG>

(3.) The complainants/appellants had admittedly paid only sum of Rs.3, 00, 000.00 till date, to the respondent. The allotment made to the complainants was cancelled by the respondent vide letter dtd. 28/6/2010 which to the extent it is relevant reads as under: "We shall like to inform you that the said allotment Stands cancelled with immediate effect. With effect from the date of issue of this letter, you shall have no claim what-so-ever over the said apartment and all your interests in the same shall be treated as forfeited on account of the material breach made by you in terms of the above mentioned application on account of non-payment of the amount of Rs.9, 00, 000.00 which was to be paid by you till casting of Ground Floor Roof Slab, "