1. This application has been filed by the plaintiff under Order 12 Rule 6, CPC to claim a decree for the principal amount of Rs. 25,81,517/- apart from costs.

2. The dispute between the parties arises on account of the plaintiff having applied for allotment of commercial space in a construction project of the defendant by the name The Palm Square' at Sector 66, Gurgaon, Haryana. The case of the plaintiff is that the plaintiff had made some deposits as early as on 22.10.2007 and 25.4.2008' in all aggregating to Rs.25,81,517/-. However, the project did not commence. Consequently, vide Ex. P-6 dated 3.9.2008, the plaintiff sought refund of the amount, vide Ex P-8 dated 15.9.2008, the defendant while disputing the claim of the plaintiff regarding status of the project, gave an option to the plaintiff to seek refund and, for that purpose, to contact one Mr. Amar Basra. The claim of the plaintiff is that despite repeated approaches, the amount was not refunded and the plaintiff issued legal notice dated 1.9.2010 to the defendant. Thereafter the present suit cause to be filed.

3. The submission of learned Counsel for the plaintiff is that the parties did not enter into any