Mr. Justice M.S. Rane, President—We are proceeding to dispose of this complaint itself on the basis of material available before us and also on hearing the learned Advocates for the parties.

(For brevity’s sake hereinafter the complainant is referred to as “Flat purchaser” and O.P. as “Builder”).

2. The complainant has filed this complaint with the factual background as under :

The parties herein entered into an agreement on 15.6.1996 whereby the Builder agreed to construct bungalows for flat purchaser after paying total consideration of Rs. 10,16,500/-. The said agreement forms part of the complaint as Annexure. The agreement contained usual terms as we notice such as total construction cost description of bungalow to be constructed as also site, payment schedule and delivery of possession.

3. The total agreed consideration was Rs. 10,16,500/- and delivery within twelve months. The payment schedule has been mentioned in Para No. 2(a) to (k) of the terms.

4. The bungalow was to be constructed in Sector 14, CIDCO Colony, New Panvel and particulars of bangalow to be constructed is furnished in Para 2 of the agreement. The same are A-6, area of 1250 sq. ft.

5. It is the case of the co