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2025 Supreme(Online)(SCDRC) 126

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Naresh Katyal, S.C. Kaushik, JJ
RAJ KUMARI – Appellant
Versus
ALM INFOTECH CITY PVT. LTD. – Respondent


Advocates:
Mr. Ravinder Hooda, Mr. Pankaj Goyal, Mr. Rajeev Anand

ORDER

NARESH KATYAL, JUDICIAL MEMBER:-

Brief facts are:

Complainant-Smt. Raj Kumari along with her husband-Anil Kumar jointly booked flat bearing No.18-C, 17th Floor, Unit Type 3 BR, measuring 1789 sq. feet in Skylark Tower at ILD Grand, Sector 37-Gurugram. Amount payable by complainant for subject flat was Rs.74,39,715/-, to be paid as per schedule of payment (Annexure-D) which is part of Apartment Buyer Agreement executed between parties at Gurugram on 14.01.2013. Complainant had paid booking amount of Rs.6,00,000/- on 20.11.2012; further deposited Rs.11,25,312/- vide receipt dated 09.01.2013 and Rs.54,00,000/- vide cheque No. 310847 dated 30.01.2013. In this way, total cost of subject flat supposed to be paid was paid, prior to handing over its possession to complainant by OP. As per clause 9 of agreement, OP was supposed to complete construction within 36 months computed from date of execution of agreement with further grace period of 180 days. Agreement was executed on 14.01.2013 and period of 36 months had expired on 13.01.2016 and further grace period of 180 days also expired on 13.07.2016; however possession of subject flat (bearing No.18-C) has/had not been handed over to her

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