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R.K.AGRAWAL, S.M.KANTIKAR, BINOY KUMAR
Atul Kumar Agarwal – Appellant
Versus
Krrish Shalimar Projects Pvt. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. Gagan Chhabra, Advocate with Ms. Preeti Agarwal W/o Complainant, in person
For the Opp. Party:Mr. Sukumar Pattjoshi, Sr. Advocate with Mr. Prashant Katara, Advocate

ORDER

R.K. Agrawal, President—The present Consumer Complaint has been filed by the Complainants Under Section 21(a)(i) of the Consumer Protection Act, 1986 (for short “the Act”) against the Opposite Party, M/s. Krrish Shalimar Projects Pvt. Ltd. (hereinafter to be referred to as “the Developer”) seeking refund of the deposited amount with interest and compensation as the Builder has failed to deliver the vacant physical possession of the booked Apartment in terms of the Apartment Buyer’s Agreement.

2. It has been, inter alia, averred in the Complaint that the Complainants had booked a Residential Flat with the Developer for a total Sale Consideration of Rs.3,13,76,660/- and they were allotted Apartment No. A-1101, Tower A, Ibiza Town, Surajkund, Faridabad, Haryana admeasuring 4000 Sq. Ft. The Apartment Buyer’s Agreement (hereinafter to be referred to as the “Agreement”) was executed between the parties on 28.12.2012. In terms of Clause 3.1 of the Agreement, the Developer was under an obligation to complete the construction and hand over the possession of the booked Apartment within a period of 36 months (with a grace period of 9 months) from the date of signing of the Agreement, i.

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