Smt. Kaushalaya Bansal Vs. M/s Dwarkadhis Projects Pvt. Ltd. – NCLT New Delhi Bench Court-II
When a person has filed an application, on the basis of payment made under the real estate project as an allottee, there are two circumstances, which arise:
i. The petitioner claimed the amount which he has paid in lieu of the allotment letter, claiming that amount as an defaulted amount together with interest on the ground that the possession of flat was not delivered within time.
ii. Earlier, the petitioner was an allottee but if due to any reason, the Corporate Debtor/respondent has/had cancelled the allotment and agreed to pay the amount after the cancellation of the units.