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P.B.JOSHI, A.K.ZADE
Ramkrishna Sampat Badgujar – Appellant
Versus
Mutha Construction – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mahesh Sahasrabuddhe, Advocate.

ORDER :

Mr. P.B. Joshi, Presiding Judicial Member-Complainant booked a flat bearing No. 2004 on 20th floor, admeasuring 492 sq.ft. carpet area in Tower B in project named as “Sai Nirvana”, situated Opp.Shahad Octroi Naka, Shahad Circle, Shahad, Kalyan West 421 103 for total consideration of Rs. 29,61,245 on 26.2.2012. On the same day, complainant paid Rs. 1,04,000. Thereafter, in the month of March 2012, Rs. 4,88,249 were paid. Thereafter, an amount of Rs. 1,15,000 was paid on account of amenities and Rs. 2 lacs on account of club house and other heads in the years 2012 and 2013 respectively. It was contended that allotment letter was issued somewhere in 2013 without date. However, no agreement was executed. It was orally assured that possession will be given in the year 2015. However, possession was not given and hence a letter for cancellation of the flat booking was given by the complainant to the opponents on 31.1.2015. However, it is specifically mentioned in the said letter that within 8 days from receipt of the said letter, amount paid by the complainant be returned to the complainant along with interest @ 24% p.a. It was not replied by the opponent till September 2015 and in

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