LAXMIPRASAD ANANT DESAI PROPRIETOR Vs. SURESH P SINGH

JUDGEMENT

(1.) The complainant / respondent booked a residential flat with the petitioner in a building namely 'Kohinoor Enclave', which the petitioner was to construct in Sector 18 on plot No.10 in Kamothe. The sale consideration for the said flat was agreed to Rs.17,88,500/-. The flat No.702 in the aforesaid project was allotted to the complainant. The following was the payment plan agreed between the parties as is evident from the agreement dated 12.2.2014:

(2.) The complainant has made a total payment of Rs.3,88,500/- to the petitioner between 23.2.2008 to 07.4.2008. No payment has thereafter been made. The agreement has been cancelled by the petitioner and the entire principal amount paid by the complainant has been deposited in his bank account. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint.

(3.) The complaint was resisted by the petitioner, which inter-alia stated in its reply that no further payment having been by the complainant after the payment of Rs.3,88,500/-, a cancellation deed was executed between the parties and thereafter, the amount paid by the complainant was refunded.