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SUBHASH CHANDRA
Sunil Gupta – Appellant
Versus
Assotech Moonshine Urban Developers Pvt. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. Ashish Chauhan, Advocate
For the Opp. Party:Mr. Ujjwal K Jha, Advocate

ORDER

The present complaint has been filed under section 12 of the Consumer Protection Act, 1986 (in short, the ‘Act’) alleging deficiency in service and unfair trade practice in respect of the flat booked by the complainant in project Assotech Blith, Sector-99, Gurgaon promoted and developed by the opposite party.

2. The Complainant had booked flat no. G-902, Assotech Blith, Sector-99, Gurgaon having super area of 1685 sq.ft. On the basis of Basic Sale Price (BSP) @ Rs.1680 per sq. ft on 01.05.2012, the total sale consideration was Rs. 92,54,675/-. An allotment letter-cum-agreement (in short ‘Agreement’) was issued on 30.06.2012. As per clause 57 of the Agreement, possession was to be delivered within 42 months from the date of allotment of the flat i.e. on 30.06.2012. However, possession was not offered till 11.01.2017 by when complaint had paid Rs.84,81,230/- to the opposite party in installments, against the total sale consideration. The complainant visited the site and found that the project was far from completion. As there had been more than 7 years of delay in completing the project and handing over possession to the complainant, he sent a legal notice on 02.10.2019 to the

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