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2024 Supreme(Online)(NCDRC) 992

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
MR. SUBHASH CHANDRA, DR. SADHNA SHANKER, JJ
SANJAY KUMAR GAHLAWAT – Appellant
Versus
M/S. TDI INFRASTRUCTURE LTD. – Respondent


Advocates:
For the Petitioner: MR. Y.S. CHAUHAN & HINU MAHAJAN
For the Respondent: M/S. SKV ASSOCIATES

ORDER

For the Appellant Ms Minu Mahajan, Advocate

For the Respondent Mr Nikhil Thakur, Proxy Counsel for

Ms Kanika Agnihotri, Advocate

ORDER

PER MR SUBHASH CHANDRA

1. This Appeal under Section 19 and 21 of the Consumer Protection Act, 1986 (in short, the ‘Act’) is directed against the order dated 20.07.2017 of the State Consumer Dispute Redressal Commission, Haryana, Panchkula (in short, ‘State Commission’) in Complaint Case No. 329 of 2017 disallowing the complaint as being premature.

2. Briefly stated, the relevant facts of the case are that the appellant had entered into a purchase agreement with the original buyer of Unit No. T-42 (Duplex), 4th Floor, Tuscan City, Kundli, District Sonipat being developed and constructed by the respondent for a sale consideration of Rs 32,50,003.21. He had paid Rs 16,77,870/- to the original allottee and a Transfer Certificate was issued. The appellant and the respondent entered into an independent floor buyers agreement for the purchase of an independent floor with the respondent on 24.05.2014 (in short, the “Agreement”) as per which possession had been promised within

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