ISHWAR PUJARA Vs. PARSVNATH DEVELOPERS LIMITED

JUDGEMENT

(1.) The complainant Ishwar Pujara booked a residential apartment with the OP in a project namely 'Parasvnath Privilege', which the OP was to develop in Greater Noida. The parties then executed a Flat Buyers Agreement on 06.05.2010 incorporating their respective obligations in respect of the said allotment. The sale consideration for the apartment was agreed at Rs.52,86,750/- alongiwth car parking charges of Rs.2 lacs. Flat no.1102 in Tower No.T-16 of the project had been allotted to the complainant. Clause 10(a) of the agreement reads as under:

(2.) The payment was to be made by the complainant as per the following construction linked plan:

(3.) It would thus be seen that the first installment of 25% was payable at the time of booking whereas the second installment was payable on start of foundation which obviously would start only after the commencement of the construction. The second installment became due on 21.06.2008 as is evident from the statement of account Annexure C-5 to the complaint. Therefore, the possession ought to have been delivered latest by 21.06.2011. The grievance of the complainant is that the construction is not complete, the possession has not been delivered to them and in fact, the requisite Occupancy Certificate has not been obtained despite he having already paid Rs.5113065/- to the OP. The complainant is therefore, before this Commission seeking refund of the aforesaid amount with interest.