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2019 Supreme(P&H) 1772

ARUN MONGA
M/s Piyus Buildwell India Ltd. – Appellant
Versus
Permanent Lok Adalat – Respondent


Advocates Appeared:
Mr. Harish Goyal, Advocate, for the Respondent Nos.2 and 3

JUDGMENT

Arun Monga, J. (Oral) - The present petition has been filed for issuance of a writ in the nature of certiorari, inter alia, seeking to quash the impugned order dated 14.07.2015 (Annexure P-4) passed by learned Permanent Lok Adalat, Public Utility Services, Faridabad.

2. The petitioner is builder/developer who is carrying out development in the project named as "Piyush Heights, Sector-89, Faridabad."

3. Flat buyer/Respondent No.2 deposited 30% of the booking amount, i.e. Rs. 7,76,540/-on 02.02.2007 with the petitioner against total cost of the flat, which is stated to be Rs. 30,70,449/-. Respondent No.2 later on deposited more money and out of the total cost and he has already deposited Rs. 26,27,575/-. The balance is to be paid at the time of giving possession.

4. Respondent No.2 having waited for fairly a long period, approached the Permanent Lok Adalat seeking possession of his flat.

5. It is the case of the respondent/flat buyer that the delay for completion of project is entirely attributable to the petitioner-company and, therefore, any cost of escalation qua the same cannot be fastened on the flat buyer.

6. The petitioner took three preliminary objections before the p

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