KISHORE KONAR Vs. JAYANTA SARKAR

JUDGEMENT

(1.) The complainant/appellant entered into an agreement with the respondents for purchase of a residential flat which the respondents were to construct in Kolkata. They executed an agreement dated 29.07.2008 incorporating their respective obligations in respect of the said transaction. As per clause 1.21 of the agreement, the respondents were to deliver possession of the flat and car parking space to the complainant/appellant within 24 months from the date of execution of the agreement. This would mean that the possession of the flat was to be delivered by 29.07.2010.

(2.) The payment plan incorporated in the agreement reads as under:

(3.) The complainant paid a total sum of Rs.13 lacs to the respondents but did not make any payment thereafter, despite the demand alleged to have been raised by the respondents. The respondents claim to have sent a letter dated 02.01.2010 to the complainant demanding a total sum of Rs.3 lacs from him. They have also placed on record a letter dated 15.11.2010 purporting to have been written to them by the complainant. But, the said letter dated 15.11.2010 contains no reference to the letter dated 02.01.2010. This becomes important in view of the case of the appellant /complainant that the letter dated 02.01.2010 was never sent to him. The case of the respondents is that the said letter was sent under Certificate of Posting. There is no explanation as to why the letter was not sent by Registered Post or was not delivered by hand.