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AJIT BHARIHOKE, SURESH CHANDRA
Mukul Dalmia – Appellant
Versus
Dlf Commercial Developer Ltd. – Respondent


Advocate Appeared:
For the Complainant :Mr. Manish Aggarwal, Advocate.
For the Opposite Party :Mr. R. Narain, Sr. Adv. with Ms. Kanika Gomber, Mr. Siddharth Banthia, Mr. Avinash Mohapatra and Ms. Nimita Kaul, Advocates.

JUDGMENT :

Ajit Bharihoke, Presiding Member

By this order we propose to dispose the preliminary objection taken by the opposite party on maintainability of the consumer complaint filed by the complainant Mukul Dalmia.

2. Briefly relevant facts for the purpose of deciding the objection are that the complainant on 15.12.2005 booked shop No.1 in Tower B measuring 633 sq.ft in the proposed DLF Tower at Jasola. At the time of booking, the complainant paid a sum of Rs. 19,39,275/- as registration/application money. On 09.06.2006 Retail/Commercial Space Buyers Agreement was executed between the complainant and the opposite party. The complainant has paid all the instalment as per payment plan in time and in all he has paid a sum of Rs. 1,22,18,417/- against the consideration amount of the shop. Grievance of the complainant is that though he has complied with his part of contract, the respondent-service provider is now offering him possession of the shop with much lesser area, that is, 565 sq.ft. It is alleged that at the time of booking of the shop, printed maps were furnished by the respondent in which the super area of shop no.1 of Tower B was shown as 663 sq.ft. The respondent, however, h

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