M/S. IMPERIA STRUCTURES LIMITED Vs. ANIL PATNI AND ANOTHER
LAWS(SC)-2020-11-8
SUPREME COURT OF INDIA
Decided on November 02,2020

M/S. Imperia Structures Limited Appellant
VERSUS
Anil Patni And Another Respondents





Cited Judgements :-

AMIT ARORA VS. VATIKA LIMITED [LAWS(NCD)-2022-2-14] [REFERRED TO]
MAMTA MAURYA VS. JAI PRAKASH ASSOCIATES LTD. [LAWS(NCD)-2022-3-62] [REFERRED TO]
ORRIS INFRASTRUCTURE PRIVATE LIMITED VS. UNION OF INDIA [LAWS(DLH)-2021-8-94] [REFERRED TO]
KAMAL GIROTRA VS. M/S. ANSAL CROWN INFRABUILD PVT. LTD [LAWS(NCD)-2021-12-33] [REFERRED TO]
VIKAS MITTAL VS. DLF UNIVERSAL LIMITED [LAWS(NCD)-2022-1-22] [REFERRED TO]
MUZAMIL MATTOO VS. EMAAR MGF LAND LIMITED [LAWS(NCD)-2022-2-11] [REFERRED TO]
JITENDRA SHIV KUMAR AHUJA VS. M/S. IREO PVT. LTD [LAWS(NCD)-2022-6-9] [REFERRED TO]
VIVEK CHOPRA VS. ORRIS INFRASTRUCTURE PVT. LTD [LAWS(NCD)-2022-8-10] [REFERRED TO]
RAMA SANKAR JAISWAL VS. VASAN EYE CARE HOSPITAL [LAWS(NCD)-2022-6-10] [REFERRED TO]
EXPERION DEVELOPERS PVT. LTD. VS. SUSHMA ASHOK SHIROOR [LAWS(SC)-2022-4-17] [REFERRED TO]
LAUREATE BUILDWELL PVT.LTD VS. CHARANJEET SINGH [LAWS(SC)-2021-7-22] [REFERRED TO]
GAUTAM SAHA VS. ANANT RAJ INDUSTRIES LIMITED [LAWS(NCD)-2022-2-77] [REFERRED TO]
HUBTOWN LTD VS. VIMAL BHANNUDAS VARAK [LAWS(NCD)-2022-6-46] [REFERRED TO]
M/S. NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD VS. STATE OF U.P. [LAWS(SC)-2021-11-19] [REFERRED TO]
DEEPAK VERMA VS. ANSAL CROWN INFRABUILD PVT. LTD [LAWS(NCD)-2021-11-20] [REFERRED TO]
CHARU SHARMA VS. RAHEJA DEVELOPERS LTD [LAWS(NCD)-2022-2-76] [REFERRED TO]
VODAFONE IDEA CELLULAR LTD. VS. AJAY KUMAR AGRAWAL [LAWS(SC)-2022-2-118] [REFERRED TO]
IMPERIA STRUCTURE LTD. VS. BRIG. HARIT PANT [LAWS(SC)-2022-3-142] [REFERRED TO]
BOMBAY DYEING & MANUFACTURING COMPANY LIMITED VS. ASHOK NARANG [LAWS(BOM)-2021-8-166] [REFERRED TO]


JUDGEMENT

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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