ORDER

C. Viswanath, Presiding Member—The Complainant stated in the Complaint that the Opposite party launched a new project “UNIWORLD CITY-AIR” in Kolkata which comprised of high rise apartments to be constructed in the land claimed to be acquired by the Opposite Party in Action Area –III, New Town Kolkata and promised to handover possession by 30.09.2011. On seeing the advertisement, the Complainant applied for two flats (i.e. Flat no. 1902 & 1903) one for himself and other for his brother, Rajesh Gadodia. As his brother was not available, both bookings were done in his name initially. House bearing No. 1903 was for Complainant’s own usage and House No.1902 was booked for his brother Rajesh Gadodia i.e. Complainant No.1 in C.C. No. 1440 of 2016. On 17.06.2008, the Complainant applied for House No. 1903 for the purpose of residence along with his family and paid booking amount/application money of Rs.16,07,040/-, vide Buyers Agreement dated 26.06.2008. The Complainant was allotted Flat/Apartment No. 1903 on 18th floor Tower 01 in the above complex, having a super area of approximately 3348 sq. ft., against a sum of Rs.1,68,22,160/- which comprised of Rs.1,60,70,400/- as basic price