2.Facts of the case are as follows. Respondent No.1-Emnoy Properties
India, a Limited Liability Partnership, with Respondent Nos.2 and 3 as its
partners, were implementing project for sale of various bungalow plots under
name
‘Valvan Valley’ at village Nandgaon, Taluka Mawal, Tungarli, Lonavala.
Appellant and his mother were desirous of purchasing a plot in Valvan Valley
project and accordingly agreed to purchase Plot No.13-B (Part A)
admeasuring 22,000 square feet for consideration of Rs. 55,00,000/-. They
paid an amount of Rs.12,50,000/- towards part consideration and Respondent
No.1 issued allotment letter and receipt dated 28 August 2012 in the joint
names of Appellant and his mother. As per the allotment letter, permission for
Non Agricultural (NA) use of the land was to be obtained by April 2013 and
possession of the plot was to be handed over against payment of balance
consideration by August 2013. It appears that NA permission was not secured
within the agreed time up to August 2013. An agreement for sale was executed
between Respondent No.1 as Vendor and Appellant and his mother as
Purchaser, under which, the project completion period was agreed as two
years. It is the case of Appellant that Respondent No.1 failed to complete the
project and later informed the Appellant that Valvan Valley project was taken
over by Valvan Valley Infrastructure Private Limited, an incorporated
