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2021 Supreme(Kar) 610

K.P.DINESH, MEMBER, P.S.SOMASHEKAR, MEMBER (AD.)
Verghese Stephen – Appellant
Versus
Total Environment Building Systems (Private) Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Party-in-Person
For the Respondent:Sujatha H.H., Advocate

JUDGMENT :

K.P. Dinesh, Member, J.

1. This appeal is filed under Section 44(1) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred in short as "The Act") against the impugned order dated 18-6-2019 passed by the learned Adjudicating Officer, RERA-2nd respondent herein.

2. The facts of the appellant's case in brief are that:

    (i) The appellant has agreed to purchase a villa in the project "After The Rain Phase-II", a project promoted by the 1st respondent, by entering into an agreement dated 10-2-2014 by paying entire consideration amount of Rs. 5,77,00,000/-. As there was no progress in the project, appellant demanded the refund of the amount along with the compensation. The appellant in order to make capital gain under the Income-tax Act, 1961, intended to invest the amount which he got by sale of his property. The appellant accepted the allotment of an alternate Villa No. 058 in Phase-I of the "After The Rain Phase-I" project by executing Term sheet dated 17-3-2016 followed by an agreement of sale and construction dated 30-3-2017. The appellant requested the 1st respondent to execute and register the sale deed in respect of a villa agreed to be purchased by

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