Brief Facts:

I. The appellant (Harshad Chiman) entered into a “plot buyer agreement” with respondent (DLF) for purchase of a residential plot that was situated in Gurgaon, Haryana.

II. [1]The agreement was entered between Harshad Chiman and DLF in Delhi. The agreement was in the Standard Form Contract. The head office of respondent was situated in Delhi. Payment was to be made in Delhi for the entered agreement. According to the aforesaid agreement it was specifically provided under Clause 28 that the transaction would be subject to the jurisdiction of Delhi High Court.

III. The appellant made the payments to respondent as per the schedule of agreement and in the said manner that was prescribed in agreement. Every instalment was made by appellant to respondent despite all this, the agreement was unilaterally and illegally cancelled by the respondent on different grounds.