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V.K.JAIN, B.C.GUPTA
MURARI LAL PODDAR – Appellant
Versus
A. L. LALPURIYA CONSTRUCTION PVT. LTD. – Respondent


Advocates Appeared:
Mr. Devendra Mohan Mathur, Advocate, for the Appellant; Mr. Kamal Chamaria, Advocate, for the Respondent

ORDER

Mr. Justice V.K. Jain, Presiding Member (Oral) - The complainant/petitioner in Revision Petition No. 2021/2015, who is also the respondent in Revision Petition No. 2083/2015, entered into an agreement with M/s. A.L. Lalpuriya Construction Pvt. Ltd., the petitioner in Revision Petition No. 2083/2015, which is also the respondent in Revision Petition No. 2021/2015, for purchase of a residential flat, for a total consideration of Rs. 7,50,000/-. He made payment of Rs. 2,40,000/- by 26.11.2004, when the written agreement was executed between the parties. The balance amount of Rs. 5,10,000/- was agreed to be paid as per the payment schedule of the promoter. The agreement obligated the complainant to take possession of the flat within 30 days of the date of receipt of final notice of the builder offering the possession to him. Thus no particular time for completing the construction of the flat or for offering its possession to the complainant was fixed in the aforesaid agreement. However, vide letter dated 15.09.2005 sent to ICICI Home Finance Co. Ltd., seeking permission to mortgage the aforesaid flat, the promoter/builder clearly stated that possession of the flat will be given on

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