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Judgment
V.K. Jain, J
The complainant / respondent booked a residential flat with the petitioner in a building namely 'Kohinoor Enclave', which the petitioner was to construct in Sector 18 on plot No.10 in Kamothe. The sale consideration for the said flat was agreed to Rs.17,88,500/-. The flat No.702 in the aforesaid project was allotted to the complainant. The following was the payment plan agreed between the parties as is evident from the agreement dated 12.2.2014:
Earnest Money Deposit On Booking
30%
On Commencement Of Plinth
20%
On Casting Of 1st Slab
12%
On Casting Of 2nd Slab
10%
On Casting Of 3rd Slab
10%
On Casting Of 4th Slab
02%
On Casting Of 5th Slab
02%
On Casting Of 6th Slab
02%
On Casting Of 7th Slab
02%
On Casting Of 8th Slab
02%
On Brick Masonry / Plastering
02%
On Plumbing And Sanitary
02%
On Painting And Electric Work
02%
On Possession
02%
The complainant has made a total payment of Rs.3,88,500/- to the petitioner between 23.2.2008 to 07.4.2008. No payment has thereafter been made. The agreement has been cancelled by the petitioner and the entire principal amount paid by the complainant has been deposited in his bank account. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint.
The complaint was resisted by the petitioner, which inter-alia stated in its reply that no further payment having been by the complainant after the payment of Rs.3,88,500/-, a cancellation deed was executed between the parties and thereafter, the amount paid by the complainant was refunded.
The District Forum having ruled in favour of the complainant, the petitioner approached the concerned State Commission by way of an appeal. The said appeal having been dismissed vide impugned order dated 04.6.2018, the petitioner is before this Commission by way of this revision petition.
As would be evident from the payment plan, 30% of the sale consideration was payable on booking itself. This would mean that 30% of the agreed sale consideration was payable even before the commencement of the construction. Since the price of the flat admittedly was Rs.17,88,500/-, it is evident that even the booking amount which comes to more than Rs.5,00,000/- was not paid. On this ground alone, the petitioner was entitled to cancel the agreement and even forfeit the Earnest Money, which the petitioner did not forfeit. The second installment constituting 20% of the sale consideration was payable on commencement of plinth. Thus, by the time the plinth commenced, 50% of the entire sale consideration, which amounts to more than Rs.8.5 lacs was payable. Even that was never paid by the complainant. Thus, the complainant himself was a defaulter in making payment of the installments in respect of the flat allotted to him. The petitioner therefore, was entitled to cancel the allotment and refund the entire principal amount. The view taken by the fora below cannot be sustained at all, in view of the default on the part of the complainant in making payment of the sale consideration.
The revision petition is therefore, allowed and the impugned orders are set aside. The complaint is consequently dismissed, with no order as to costs.