JUDGEMENT
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(1.)Taken up through video conferencing.
C.C. No. 2405 of 2019 and C.C. No. 2406 of 2019
1. Similar facts and same questions of law are involved in these two consumer complaints. As such, they are being disposed of vide this common order, with the C. C. No. 2405 of 2019 being taken as the lead case.
C.C. No. 2405 of 2019 (lead case)
(2.)Heard the learned counsel for the complainant, the learned counsel for the opposite party builder co. and Mr. Harpreet Singh Batra, managing director of the builder co. in person. Perused the entire material on record, including inter alia the complaint, the written version of the builder co., the rejoinder thereto and the evidence filed by the two sides.
(3.)This complaint was instituted under Section 12(1)(a) read with Section 21(a)(i) and Section 22 of the Act 1986 (which was as then in force). The matter relates to a builder - buyer dispute. To put it succinctly, the written version and the evidence of the builder co. itself shows that an agreement dated 22.04.2013 was entered into between the complainant and the builder co., it is admitted by the builder co. that a sum of Rs. 59,70,531/- was deposited by the complainant with the builder co. in the period between 26.10.2011 to 14.11.2016, it is also admitted that, inclusive of the grace period of 06 months provided for in the agreement, the agreed and assured date of offering delivery of possession of the subject unit was 22.10.2016. The aforesaid facts appear to be beyond dispute as they were also admitted to by both sides during the arguments today. (Learned counsel for the complainant further submitted that though in all Rs. 59,91,247/- was deposited by the complainant; however, the amount of Rs. 59,70,531/-, admitted to by the builder co., may be taken, and the complainant, desiring speedy redressal of his complaint, does not wish to agitate the difference of Rs. 20,716/-.)
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