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2021 Supreme(Kar) 621

K.P.DINESH, P.S.SOMASHEKAR
Suman Rupanagudi – Appellant
Versus
Adarsh Developers – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Promod Nair.
For the Respondent: V.B. Shivakumar.

JUDGMENT :

K.P. DINESH, J.

1. This appeal is filed under Section 44 of the Real Estate (Regulation and Development) Act, 2016 read with Rule 33 of the Karnataka Real Estate (Regulation and Development) Rules, 2017 (hereinafter referred in short as 'The Act and the Rules') against the impugned order dated 31st January, 2020 passed by the learned Adjudicating Officer (A.O.), Real Estate Regulatory Authority (RERA).

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

    (a) The appellant had executed an agreement to sell dated 3-9-2014 with the 1st respondent for purchase of a residential apartment bearing No. V-401, 4th floor, 'B' block, Adarsh Premia being constructed by the 1st respondent along with a proportionate undivided share in the Schedule A property described in the agreement. The sale of the apartment is subject to the clause No. 15 of the agreement and shall be completed within 36 months with a grace period of three months i.e., by December 2017, provided that the purchaser has paid the entire amount due. The 1st respondent, by letter dated 27-4-2017, informed the appellant that the completion time schedule of the project has been revised and the appellant was coerced to entire

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