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C. VISWANATH, SUBHASH CHANDRA
Jaiprakash Associates Limited Jaypee Greens – Appellant
Versus
Fateh Singh Chauhan – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Sukumar Pattjoshi, Sr. Advocate with Mr. Sumeet Sharma, Advocate Mr. Paras Choudhari, Advocate
For the Respondents:Mr. Aditya Shankar Pandey, Advocate

ORDER

The present Appeal is filed against the order dated 02.08.2019 passed by the U. P. State Consumer Disputes Redressal Commission, Lucknow (in short ‘State Commission’) in Consumer Complaint No. 225/2016.

2. Brief facts of the case are that the Complainant/Respondent applied for the allotment in the Project namely Kassia at Jaypee Greens Sports City, Gautam Budh Nagar, having Unit Reference No. KS2-35-102, on 29.01.2011. After making an application, an agreement was made with the Opposite Party on 29.01.2011. In pursuance of the Agreement, the Complainant deposited a Cheque of Rs.3,00,000/- in favour of the Opposite Party on 29.01.2011. The Opposite Party issued receipt dated 01.02.2011 and acknowledgement dated 24.02.2011 for the amount paid by the Complainant. After receiving the aforesaid amount of Rs. 3 ,00,000/-, the Opposite Party issued Provisional Allotment letter, dated 20.09.2011, in favour of the Complainant and sent a demand notice of Rs. 38,56,852/-, on 20.09.2011. The Complainant accordingly paid the amount, vide Cheque No. 465222 on 19.10.2011. The Opposite Party thereafter demanded Car Parking Charges and Service Tax from the Complainant, vide letter dated 10.12

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