ASHWIN MITTAL Vs. PARSVNATH DEVELOPERS LIMITED

JUDGEMENT

(1.) The complainant Ashwin Mittal 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 05.07.2007 incorporating their respective obligations in respect of the said allotment. The sale consideration for the apartment was agreed at Rs.53,84,554.88/- alongiwth car parking charges of Rs.2 lacs. Flat no.102 in Tower No.T-14 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.) A perusal of the payments made by the complainant to the OP would show that the second installment was paid by him on 10.10.2007 he having already paid more than Rs.13,46,000/- before that date. Even if 10.10.2007 is taken as the date of start of foundation, the possession ought to have been delivered by 18.10.2010. The possession however, has not been delivered so far and the requisite Occupancy Certificate has not been obtained despite the complainant having already paid more than Rs.51,00,000/- to the OP. The complainant is therefore, before this Commission by way of this complaint seeking refund of the amount paid by him to the OP alongwith compensation etc.