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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
Sudip Ahluwalia, PM, Sadhna Shanker, M
Dr. Amita Shahi – Appellant
Versus
Emaar MGF Land Limited – Respondent
| Table of Content |
|---|
| 1. details of consumer complaint and builder's obligations. (Para 1 , 2 , 3) |
| 2. builder's defense and claims regarding consumer status and delay. (Para 4 , 5) |
| 3. arguments supporting complainant's position and establishing builder's delays. (Para 6 , 7 , 8 , 9) |
| 4. court's observations on consumer status and limitations. (Para 20 , 21 , 22 , 25) |
| 5. final judgment on compensation and builder's obligations. (Para 26 , 31 , 32 , 33) |
ORDER
DR. SADHNA SHANKER, MEMBER
1. The present consumer complaint has been filed by Mrs. Amita Shahi, the complainant, under section 21(a)(i) of the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’) against Emaar MGF Land Limited (hereinafter referred to as ‘builder’) alleging deficiency in service in not handing over the physical possession of the apartment with promised amenities within the stipulated period.
2. The brief facts of the case are that the complainant is an allottee of Unit bearing No. C-601, 6th Floor, Block-C, having super area of 3175 sq. ft. in the project known as “Sky Terraces, The Palm Drive” at Village Badshahpur, Tehsil and District Gurugram, Haryana, being developed by the builder. The total considerati
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