PANKAJ MALIK Vs. IREO VICTORY VALLEY PVT. LTD.

JUDGEMENT

(1.) On 6.8.2010, the complainant applied to the OP for allotment of a residential flat in a project, namely, 'Ireo Victory Valley', which the opposite parties were developing in Sector-67 of Gurgaon. Vide allotment letter dated 17.8.2010, flat No.B-0503 in the above-referred project was allotted to him for a total sale price of Rs.20896128/-. The parties then executed an agreement on 6.7.2011 incorporating their respective obligations. The price of the flat was to be paid in installments linked with stage of construction. The said payment plan reads as under:- "Linked Stages Basic Sale Price % Others Basic Others Total At the time of booking 9.58% 1788660.00 1788660.00 Within 45 days of booking 9.58% 1788660.00 1788660.00 On commencement of exaction 7.61% 50% EDC 1419945.00 513015.93 1932960.93 Casting of Basement Roof slab 7.61% 50% EDC 1419945.00 513015.93 1932960.93 Casting of 1 Floor Roof st slab 7.61% 50% IDC 1419945.00 42598.35 1462543.35 Casting of 6 Floor th Roof slab 7.61% 50% IDC 1419945.00 42598.35 1462543.35 Casting of 12 Floor th Roof slab 7.61% 50% Parking 1419945.00 400000.00 1819945.00 Casting of 18 Floor th Roof slab 7.61% 50% Parking 1419945.00 400000.00 1819945.00 Casting of 24 Floor th Roof slab 7.61% 1419945.00 1419945.00 Casting of 32 Floor nd Roof slab 7.61% 1419945.00 1419945.00 Casting of top Floor Roof slab 7.61% 1419945.00 1419945.00 On completion of Stone/Tile Flooring in Apartment 7.61% 1419945.00 1419945.00 On offer of possession 4.79% RFMS 894330.00 313800.00 1208130.00 Total 100% 18671100.00 2225028.56 20896128.56"

(2.) Clause 13.3 of the Agreement pertains to delivery of possession of the flat and reads as under:-

(3.) The complainant made payment of Rs.14366374/- on different dates, the last payment having been made on 2.9.2013.