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2021 Supreme(Online)(Del) 4581

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
* R. K. Agrawal (President), Dr. S. M. Kantikar (Member), Binoy Kumar (Member)
Atul Kumar Agarwal v. Krrish Shalimar Projects Pvt. Ltd.


Table of Content
1. facts surrounding the complaint and obligations under the agreement. (Para 1 , 2 , 4)
2. developer's response to claims of deficiency and process. (Para 3 , 5 , 6)
3. court's reasoning on jurisdiction, consumer definition, and agreement terms. (Para 8 , 9 , 10 , 11 , 12 , 13)
4. determination of interest rate and refund amount. (Para 16)

1. The present Consumer Complaint has been filed by the Complainants under S.21(a)(i) of the Consumer Protection Act, 1986 (for short "the Act") against the Opposite Party, M/s. Krrish Shalimar Projects Pvt. Ltd. (hereinafter to be referred to as "the Developer") seeking refund of the deposited amount with interest and compensation as the Builder has failed to deliver the vacant physical possession of the booked Apartment in terms of the Apartment Buyer's Agreement.

2. It has been, inter alia, averred in the Complaint that the Complainants had booked a Residential Flat with the Developer for a total Sale Consideration of 3,13,76,660 and they were allotted Apartment No. A - 1101, Tower A, Ibiza Town, Surajkund, Faridabad, Haryana admeasuring 4,000 sq. ft. The Apartment Buyer's Agreement (hereinafter to be referred to as the "Agreemen



























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