RAJNISH SETH Vs. PARSVNATH DEVELOPERS LTD.

JUDGEMENT

(1.) The complainant initially booked a residential flat with the OP in a project namely 'Parsvnath Preston', which the OP was to develop in Sonepat. He also executed an agreement with the OP on 30.01.2008 in respect of flat no. 1702 which was allotted to him in Tower 8 of the above referred project. Since the construction of the allotted flat did not even begin, the OP allotted a flat to the complainant in another project namely 'Parsvnath Privilege' which it was to develop in Greater Noida. The parties then executed a fresh agreement on 30.04.2013 incorporating their respective obligations in respect of the said transaction.

(2.) Clause 10(a) of the agreement executed in respect of 30.04.2013 reads as under:

(3.) The grievance of the complainant is that even the construction of the allotted flat is not complete till date despite he having already paid Rs.52,14,170/- to the OP. The complaint is therefore, before this Commission seeking refund of the said amount with interest etc.