P.D. Shenoy, Presiding Member

Case of the complainant

M/s Maligo Estate Pvt. Ltd. had floated a scheme by purchasing land in village Tikri, Fatehpur Tehsil, District Gurgaon, Haryana with a view to develop a residential colony to be known as ‘Malibu Towne’ under the Haryana Development and Regulation of Urban Area Act, 1975 in which residential multi-storeyed housing complex known as ‘Malibu Condominiums’ was also to be built. Complainant Tarun Kumar Ghai entered into two agreements with the opposite parties and accordingly the complainant was allotted apartment No. 301 in Tower No.6 having super area 150.04 sq meter at the rate of 13,939 per sq. m. Total price of flat was estimated at Rs.22,43,478. First instalment was paid on 17.2.1995. The complainant had paid Rs.21,22,347 to the opposite party leaving balance sum of Rs.1,20,597 to be paid at the time of possession of flat. As per agreement C2 the complainant took a second flat in the same tower with apartment No. 503 having super area of 147.40 sq. m. at the same rate with the total price of flat estimated at Rs. 21,23,444. The complainant had already paid Rs. 20,10,392 leaving balance sum of Rs. 1,13,003 to be paid at the