SATBIR SINGH Vs. RAHEJA DEVELOPERS LIMITED

JUDGEMENT

(1.) The complainants have come up alleging deficiency in service on the part of the Opposite Parties by not delivering the possession of the plot booked by them being Plot No. E-85 in 'Raheja Aranya City - Phase-2' situated in Gurugram, Haryana. The complainants state to have booked the said plot with a subvention arrangement of finances. The agreement to sale was executed on 25/3/2015 and simultaneously a memorandum of understanding was executed on the same date, with a specific provision of a buy back scheme available to the purchaser. The dispute in the present case is with regard to the invoking of clause-8 of the said memorandum of understanding by the complainants, which is extracted hereinunder:

(2.) The agreement to sale clearly recites that the scheme is of residential plots and it also recites the payment of guaranteed premium compensation if the purchaser chooses to cancel the booking of the plot. Clauses 'C' and 'D' of the agreement to sale are extracted hereunder:

(3.) The complainants invoking the aforesaid clause-8 within the period prescribed therein about which there is no dispute, sent a mail on 6/11/2017, requesting the Opposite Party No.1 to cancel the plot which was being surrendered and for completing the formalities. The said mail is extracted hereunder: