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S.M.KANTIKAR, BINOY KUMAR
Dinesh Goyal – Appellant
Versus
Sepset Properties Private Limited – Respondent


Counsel for the Parties:
For the Complainant:Mr. Aditya Parolia, Advocate with Mr. Nithin Chandran, Advocate and Mr. Sumbul Ismail, Ms. Keshvi Thapar and Ms. Parul Singh, Advocates
For the Opp. Party:Mr. Arvind Kumar Tiwary, Advocate

ORDER

Binoy Kumar, Member.—The present Consumer Complaint has been filed under Section 21(a)(i) read with section 12(1)(a) of the Consumer Protection Act, 1986 (for short “the Act”) by Mr. Dinesh Goyal (hereinafter referred to as the Complainant) against M/s Sepset Properties Private Limited (hereinafter referred to as the Opposite Party) seeking refund of Rs.88,38,521/- (Rupees Eighty One Lakh Thirty Eight Thousand Five Hundred and Twenty One) paid by him against the total consideration of the Unit booked along with interest.

2. The facts leading upto the present Complaint are that the Complainant booked an Apartment (hereinafter referred to as the ‘Unit’) in the Project “Paras Dews” of the Opposite Party situated at Sector-106, Gurgaon, Haryana. The Complainant vide allotment letter dated 10.01.2013 was allotted Unit no. 1904 in Tower-B, 19th floor, Area- 1,760 sq.ft. The Complainant paid an amount of Rs. 27,43,349/- (Twenty Seven Lakh Forty Three Thousand Three Hundred and Forty Nine Only) as part payment towards the purchase of the Unit before the execution of Builder Buyer Agreement (hereinafter referred to as the ‘Agreement’). The Agreement was signed on 29.04.2013 and the to

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