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Judgment
Adv. Rajat Bhatia appeared on behalf of the Complainants along with Sh. Harpreet Singh, AR.
States that the Complainants have booked a unit in a project One Mid Town to be developed by M/s DLF Urban Pvt. Ltd.
Complainants have also entered into Agreement for Sale on 10.11.2022.
The Complainants have been making regular payments to the Respondents and have paid an amount of Rs. 64,45,398/- till date. However, they were surprised to receive letter dated 21.11.2023 through which the Respondents have cancelled the unit allotted to the Complainants for default in payment.
Ld. Counsel further stated that as per the condition number 9.3(ii) of Agreement for Sale, a notice for termination is required to be given to the Complainants at least 30 days prior to such termination. However, no such notice has been given to the Complainants before issuing the cancellation letter dated 21.11.2023.
Ld. Counsel further stated that out of the amount of Rs. 64,45,398/- paid by the Complainants, the Respondents have refunded only an amount of Rs. 10,29,799.28/-through two demand drafts accompanying the cancellation letter. The Respondents have deducted an amount of Rs. 54,15,598.73 without assigning any valid reason.
Ld. Counsel has therefore prayed that the cancellation letter issued by the Respondents should be quashed/set aside, their booking may be restored and Complainants may be permitted to make outstanding payment.
Ld. Counsel further requested that demand drafts sent along with cancellation letter are going to expire on 08.02.2024 and therefore the Respondents may be directed to take back the said demand drafts.
Ld. Counsel for Complainant has also furnished three hard copies of the complaint. Be taken on record.
Issue notice to the Respondents to file reply by 22.01.2024 with copy served on the Complainants.
List the case on 30.01.2024 at 11:30 am.