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2022 Supreme(Online)(NCDRC) 1141

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
JUSTICE DEEPA SHARMA, PRESIDING MEMBER, MR. SUBHASH CHANDRA, MEMBER
NANDITA SURI – Appellant
Versus
M/S. SS GROUP PVT. LTD. – Respondent


Advocates:
For the Complainant: Mr. Aditya Parolia, Ms. Sumbul Ismail
For the Opp.Party: Mr. Sanjay K. Shandilya, Mr. Hemant Sharma

ORDER

The brief facts of the case as stated in the Complaint are that the Opposite Party had floated a Residential Group Housing Complex at SS City, Sector – 85, Gurgaon. The Complainant booked a unit on 20.11.2013 and was allotted an apartment no.3B on the 3rd floor of tower No.4 having a super area of 2,600 sq. ft. and booking amount of ₹44,79,003/- was paid to the Opposite Party on that day. An Allotment Letter dated 30.11.2013 was issued to her and the total consideration amount of said unit was shown as ₹1,51,96,200/-. In the Allotment Letter it was mentioned that the project would be completed within 36 months with additional grace period of 3 months. On 02.12.2013, the Flat Buyer Agreement for the said unit was executed between the parties. It is contended by the Complainant that as per the Flat Buyer Agreement and the Allotment Letter, the possession was to be given within 39 months which ended on 01.03.2017. It was also contended that no offer of possession had been made by the Opposite Party and the details of construction status of the project, available on the website of the Opposite Party, clearly shows that the handing over of the possession was not probable in the nea

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