M/S. IMPERIA STRUCTURES LIMITED Vs. ANIL PATNI AND ANOTHER
SUPREME COURT OF INDIA
M/S. Imperia Structures Limited
Anil Patni And Another
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UDAY UMESH LALIT, J. -
(1.)These appeals [Arising out of Civil Appeal Diary No. 9796 of 2019] under Section 23 of the Consumer Protection Act, 1986 (hereinafter referred to as "the CP Act") are directed against the common judgement and order dated 12.09.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as "the Commission") in Consumer Case Nos.3011, 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019 and 3020 of 2017. The relevant facts leading to the filing of the aforesaid Consumer Cases are almost identical and for the present purposes the facts leading to the filing of Consumer Case No.3011 of 2017 are set out in detail and the appeal arising therefrom is taken as the lead appeal. The connected appeal [Arising out of Civil Appeal Diary No. 9793 of 2019] seeks to challenge the judgment and order dated 09.08.2018 passed by the Commission in Consumer Case No. 1605 of 2017 and raises same issues of fact and law. Delay in filing these appeals is condoned.
(2.)A Housing Scheme called "The ESFERA" in Sector 13C, Gurgaon, Haryana (hereinafter referred to as 'the Project') was launched by the Appellant sometime in 2011 and all the original Complainants booked their respective apartments by paying the booking amounts and thereafter each of them executed Builder Buyer Agreement (hereinafter referred to as "the Agreement") with the Appellant.
(3.)The Respondents in the leading appeal (hereinafter referred to as "the Respondents") booked Apartment No. 1803 on the 18th Floor of Tower No. "C" having super built up area 153.34 Sq. meters (1650 Sq. feet approx.) @ Rs.36530.2 per Sq. meter (Rs.3395/- per Sq. foot). The basic price was thus Rs.56,01,750/- to which additional charges such as preferential location charges for "corner" "park facing" and for "higher floor" as well as charges for reserve parking, club membership and development were added; the aggregate price being Rs.76,43,000/-.
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