JUDGMENT

Dr. Sangita Dhingra Sehgal, President.—Brief facts necessary for the adjudication of the present complaint are that the Complainant booked a Residential flat in the project of the Opposite Party by the name and style of “Parsvnath Preston” located at Sonepat, Haryana and paid the registration advance of Rs. 1, 43, 000/- on 31.12.2007, vide cheque no. 871323 drawn on HDFC Bank, New Delhi.

2. Having made the payment, which was duly acknowledged by the Opposite Party, a residential flat bearing No. T4-804, admeasuring 1310 sq. ft. was provisionally allotted to the Complainant vide allotment letter dated 17.01.2008. The total sale consideration of the aforesaid flat was mutually agreed between the parties at Rs. 28,67,220/- which included the Basic Sale price, EDC, IDC and car parking charges.

3. The Complainant further deposited an amount of Rs. 2,87,083/-, which was duly acknowledged by the Opposite Party vide receipt no. S0066754. Pursuant thereto, the Parties entered into a flat buyer agreement dated 28.02.2008 for the aforesaid flat, which specifically mentioned that the possession of the flat shall be delivered within 36 months from the date of start of foundation of the