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" Payment Schedule:
   
Stages Amount Payable     Booking Amount Rs.1480000   Allotment Amount R.740000   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   Monthly Installment Rs.349444   After Slab Rs.343794  Rs.2521658 After Internal Plaster Rs.1887000   After Finishing Rs.1443000      

2.      It would thus be seen that first 19 installments were monthly installments having no linkage with the construction of the residential unit allotted to the complainant. Twentieth installment was payable after slab and 21st installment was payable after internal plaster. The last installment was payable after finishing. Admittedly, the complainant has paid a sum of Rs.1,12,00,000/- to the opposite party. Thus payment of first 20th installment stands made. As far as 21st installment payable after internal plaster is concerned, there is no evidence of the opposite party having informed the complainant that the internal plaster was complete and requiring him to pay the 21st installment of Rs.1887000/-. Since the construction never came to be finished, the 22nd installment never became payable.

5.      As noted earlier, all the first 20 installments stand paid to the opposite party, the amount of said 20 installments being less than the amount of Rs.1,12,45,833/-  already paid by the complainant to the opposite party. The 21st installment was not demanded and there is no evidence of the construction having reached the level of completion of the internal plaster. Therefore, the 21st and 22nd installment did not become payable.

6.      Since the possession of the allotted residential unit was not offered to the complainant even till October, 2013 when this complaint was instituted, the complainant became entitled to either possession of the allotted unit with compensation or to refund of the amount paid by him to the opposite party along with appropriate compensation.