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B.C.GUPTA
TDI Infrastructure Ltd. – Appellant
Versus
Aditya Tomar – Respondent


Counsel for the Parties:
For the Petitioners:Ms. Kanika Agnihotri, Advocate with Mr. Preet Singh Oberoi and Mr. R.P. Singh, Advocates
For the Respondent:Mr. C. B. Tomar, Advocate

ORDER

Dr. B.C. Gupta, Presiding Member—This first appeal has been filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order dated 09.02.2015, passed by the Delhi State Consumer Disputes Redressal Commission (hereinafter referred to as ‘the State Commission’) in consumer complaint No. 320/2012, filed by the present respondent, vide which, the said complaint was allowed and the appellant builder was directed to refund the amount deposited by the respondent/complainant alongwith interest @18% p.a. from the date of deposit and also to pay Rs.3.5 lac as compensation for delayed possession and Rs.1 lac as litigation charges.

1. The facts of the case are that the respondent/complainant booked a residential flat with the appellants/opposite parties (OPs) Builders, M/s. TDI Infrastructure Limited on 17.03.2006, after making an initial payment of Rs.4 lakh, in their project called Kingsbury Apartments, TDI City, Kundli, Sonepat, Haryana. The complainant entered into an Apartment-Buyer’s Agreement with the OP Builders on 10.09.2009, as per which, the possession of the said apartment was to be delivered to the complainant within two year





















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