NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
D.K. Jain, J
Aerostar Helmets Pvt. Ltd. – Appellant
Versus
Adani M2K Project LLP – Respondent
| Table of Content |
|---|
| 1. consumer complaint regarding non-fulfillment of contractual obligations by developer. (Para 1 , 2) |
| 2. arguments for compensation and interest on late refunds. (Para 5 , 6 , 9) |
| 3. determination of appropriate interest rate for refund based on contractual and economic factors. (Para 17 , 18) |
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
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