MAYUR SARAF Vs. RAHEJA DEVELOPERS LTD

JUDGEMENT

(1.) The complainant booked a residential flat with the opposite party in a project namely Raheja Developers Ltd., which the opposite party was to develop in Sector 78 of Gurgaon. A residential unit termed as 'independent floor' in the aforesaid project was allotted to the complainant, who executed an agreement to sell with the opposite party on 6.7.2012, incorporating their respective obligations in respect of the said allotment. Clause 4.2 of the said agreement pertained to the delivery of possession and to the extent it is relevant, reads as under:

(2.) The sale consideration for the said flat was agreed at Rs.1,02,77,939/- in addition to some other charges. The payment plan stipulated in the agreement read as under:

(3.) Since neither the units was repurchased by the opposite party nor the amount, which he had paid to the opposite party was refunded, he is before this Commission seeking refund of the entire amount of Rs.71,42,236/-, which he has paid to the opposite party, along with compensation etc.