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R.K.AGRAWAL
Brig. (Now Lt General) Giri Raj Singh – Appellant
Versus
Som Resorts Private Limited – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. K.K. Sharma, Advocate
For the Opp. Party: Ex parte vide order dated 11.03.2019

ORDER

R.K. Agrawal, President.—The brief facts as set out in the Complaint are that on 05.03.2013, the Complainant booked a Residential Flat in the name of himself and his wife in “Casa Italia” the Project of the Opposite Party at Ghaziabad, U.P. The Builder/Buyer Agreement was executed between the Parties on 25.09.2014, for a 2BHK Flat bearing No. 307, measuring 1095 Sq.ft. on the third floor for a total sale consideration of Rs.64,72,500.

2. It is averred that the Complainant paid the total sum of Rs.66,47,318/- as per the specific demands made by the Opposite Party in the following manner:

Date

Amount paid by Complainant (in Rupees)

Mode of Payment

04.03.2013

6,43,894/-

Cheque

08.01.2014

9,00,000/-

Cheque

08.01.2014

7,58,473/-

Cheque

22.07.2014

7,50,000/-

Bank Draft

22.07.2014

20,76,000/-

Demand Draft

05.06.2015

12,00,000/-

Cheque

05.06.2015

3,18,951/-

Cheque

Total

66,47,318/-

 

3. It is averred that as per Clause 11.1 of the Agreement, time for completion of the Project and pos

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