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2021 Supreme(Online)(Del) 4388

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
D.K. Jain, J
Aerostar Helmets Pvt. Ltd. – Appellant
Versus
Adani M2K Project LLP – Respondent


Advocates:
For the Appellants/Petitioners: Unbeknownst
For the Respondents: Unbeknownst

1. This consumer complaint has been filed by the complainant Aerostar Helmets Pvt. Ltd. alleging deficiency on the part of the opposite party Adani M2K Project LLP.

2. The brief facts of the case are that the complainant booked Apartment No. G - 1502 at 15th floor on 6.2.2013 in a building proposed to be built by the opposite party. The Apartment Buyer Agreement was signed on 31.8.2013. Against the total consideration of the apartment, the complainant paid total sum of Rs.2,34,24,181 in the period 2013-2015. The possession was due on 1.9.2017. It is the case of the complainant that the building was constructed only upto 10th floor and the opposite party informed the complainant on 6.10.2017 that the apartment allotted to the complainant on 15th floor will not be constructed and alternative apartment was offered to the complainant. It is the further case of the complainant that the complainant had paid Preferential Location Charges (PLC) of about Rs.12,00,000 for the said apartment and therefore, the complainant did not agree for the alternative apartment. The complainant then requested for a refund of the amount deposited with the opposite party along with 21% p.a. interest. The opp






































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