WG. CDR. ARIFUR RAHMAN KHAN AND ALEYA SULTANA Vs. DLF SOUTHERN HOMES PVT. LTD. (NOW KNOWN AS BEGUR OMR HOMES PVT. LTD.)
LAWS(SC)-2020-8-28
SUPREME COURT OF INDIA
Decided on August 24,2020

Wg. Cdr. Arifur Rahman Khan And Aleya Sultana Appellant
VERSUS
Dlf Southern Homes Pvt. Ltd. (Now Known As Begur Omr Homes Pvt. Ltd.) Respondents


Referred Judgements :-

R V PRASANNAKUMAAR VS. MANTRI CASTLES PVT LTD [REFERRED TO]
DLF HOMES PANCHKULA PVT. LTD. VS. D S DHANDA,ETC. [REFERRED TO]
LUCKNOW DEVELOPMENT AUTHORITY VS. M K GUPTA [REFERRED TO]
GHAZIABAD DEVELOPMENT AUTHORITY VS. BALBIR SINGH [REFERRED TO]
HARYANA URBAN DEVELOPMENT AUTHORITY VS. RAJE RAM [REFERRED TO]
NAHALCHAND LALOOCHAND PVT LTD VS. PANCHALI CO OPERATIVE HOUSING SOCIETY LTD [REFERRED TO]
NARNE CONSTRUCTION P LTD VS. UNION OF INDIA [REFERRED TO]
LARSEN & TOUBRO LIMITED VS. STATE OF KARNATAKA [REFERRED TO]
DLF LIMITED VS. MANMOHAN LOWE [REFERRED TO]
PIONEER URBAN LAND & INFRASTRUCTURE LTD VS. GOVINDAN RAGHAVAN [REFERRED TO]



Cited Judgements :-

MOHIT GUPTA VS. DIRECTOR, GREENBAY INFRASTRUCTURE PVT. LTD [LAWS(NCD)-2022-4-19] [REFERRED TO]
M/S. SHYAMA ENCLAVE PVT. LTD. VS. BANDANA CHATTERJEE WIDOW OF LATE DR. JAYANTA CHATTERJEE [LAWS(NCD)-2022-4-6] [REFERRED TO]
RAKESH JHAMB S/O SH BAL MUKUND JHAMB VS. M/S. WAVE MEGACITY CENTRE PVT. LTD [LAWS(NCD)-2022-1-10] [REFERRED TO]
SUJEET JAIN VS. DB REALTY LIMITED [LAWS(NCD)-2022-8-47] [REFERRED TO]
AKRITA KALRA VS. M/S. PARSVNATH DEVELOPERS LTD [LAWS(NCD)-2022-9-29] [REFERRED TO]
DUSHYANT SOOD VS. M/S. VATIKA LIMITED @ VATIKA TRIANGLE [LAWS(NCD)-2021-9-17] [REFERRED TO]
VIKAS MITTAL VS. DLF UNIVERSAL LIMITED [LAWS(NCD)-2022-1-22] [REFERRED TO]
SHER SINGH SIDHU VS. PARSVANATH DEVELOPERS LTD [LAWS(NCD)-2022-2-4] [REFERRED TO]
SHELTER MAKER (I) PRIVATE LIMITED VS. RAMESHBHAI R. SHAH [LAWS(NCD)-2021-12-49] [REFERRED TO]
SHELTER MAKER (I) PRIVATE LIMITED VS. AJIT KUMAR [LAWS(NCD)-2021-12-50] [REFERRED TO]
B.B. PATEL & ORS VS. DLF UNIVERSAL LTD [LAWS(SC)-2022-1-75] [REFERRED TO]
KAMALKUMAR S. BHAGERIA VS. SHELTER MAKER (I) PVT. LTD. [LAWS(NCD)-2021-12-48] [REFERRED TO]
RAM SINGH CHAUHAN VS. DLF UNIVERSAL LTD [LAWS(NCD)-2021-12-58] [REFERRED TO]
SHIPRA TRIPATHI VS. DLF HOME DEVELOPERS LIMITED [LAWS(NCD)-2021-7-35] [REFERRED TO]
NEERAJ AGARWAL S/O SH MANMOHAN AGGARWAL VS. M/S. WAVE MEGACITY CENTRE PVT. LTD [LAWS(NCD)-2022-1-9] [REFERRED TO]
BAL MUKAND VS. ANSAL HOUSING LIMITED [LAWS(NCD)-2022-2-66] [REFERRED TO]
NAVNEET SAMRA VS. PARSVNATH DEVELOPERS LTD. [LAWS(NCD)-2022-4-25] [REFERRED TO]
SAMRUDDHI CO-OPERATIVE HOUSING SOCIETY LTD VS. MUMBAI MAHALAXMI CONSTRUCTION PVT. LTD [LAWS(SC)-2022-1-31] [REFERRED TO]
ABHINAV ASHWIN VS. LOGIX INFRASYRUCTURE PRIVATE LTD. [LAWS(NCD)-2021-10-10] [REFERRED TO]
MIST AVENUE PRIVATE LIMITED VS. SWATI AGARWAL [LAWS(NCD)-2022-2-68] [REFERRED TO]
SOCIETY FOR CONSUMER JUSTICE VS. LOGIX INFRASTRUCTURE PVT. LTD [LAWS(NCD)-2022-4-51] [REFERRED TO]
AJIT AGRAWAL VS. M/S. WAVE MEGACITY CENTRE PVT. LTD [LAWS(NCD)-2022-1-1] [REFERRED TO]
MADHUSHREE SINGH VS. PARSVNATH DEVELOPERS LIMITED [LAWS(NCD)-2022-1-29] [REFERRED TO]
DR. MRIDULA RAJBANSHI VS. UMANG REALTECH (P) LIMITED [LAWS(NCD)-2021-7-40] [REFERRED TO]
EXPERION DEVELOPERS PVT. LTD. VS. SUSHMA ASHOK SHIROOR [LAWS(SC)-2022-4-17] [REFERRED TO]
UTPAL TREHAN VS. DLF HOME DEVELOPERS LTD [LAWS(SC)-2022-7-44] [REFERRED TO]
ANIL AGARWALLA VS. IMPERIAL HOUSING VENTURES PVT. LTD. [LAWS(NCD)-2022-1-21] [REFERRED TO]
RAJESH SINGH VS. IMPERIAL HOUSING VENTURES PVT. LTD [LAWS(NCD)-2022-2-74] [REFERRED TO]
AAYUSH SUSEELAN VANCHANMAL VS. LUCINA LAND DEVELOPMENT LTD. [LAWS(NCD)-2022-3-26] [REFERRED TO]
MATHEW GEORGE VS. S.J.R. PRIME CORPORATION PRIVATE LIMITED [LAWS(NCD)-2022-9-9] [REFERRED TO]
M/S. TDI INFRASTRUCTURE LTD VS. DURGA SHARMA [LAWS(NCD)-2022-2-9] [REFERRED TO]
PARAS CHOPRA VS. EMAAR MGF LAND LIMITED [LAWS(NCD)-2022-4-26] [REFERRED TO]
SHREYA KUMAR VS. ANSAL HOUSING & CONSTRUCTION LTD. [LAWS(NCD)-2022-5-8] [REFERRED TO]
RAJU CHOWDHARY VS. ATHENA INFRASTRUCTURE LTD. [LAWS(NCD)-2022-1-28] [REFERRED TO]
SANTOSH NARASIMHA MURTHY VS. M/S. MANTRI CASTLES PRIVATE LIMITED [LAWS(NCD)-2022-9-3] [REFERRED TO]
JAMAL SARWAR SABRI VS. ANSAL HOUSING LIMITED [LAWS(NCD)-2022-2-82] [REFERRED TO]
NAGEN CHANDRA PATNAIK VS. PARSVNATH HESSA DEVELOPERS PRIVATE LIMITED [LAWS(NCD)-2022-4-5] [REFERRED TO]
ANITA W/O SH. SURESH KUMAR GARG VS. M/S. OMAXE LTD. [LAWS(NCD)-2022-4-20] [REFERRED TO]
AASHISH BANSAL VS. IREO PVT. LTD. [LAWS(NCD)-2022-5-12] [REFERRED TO]
RASHMI IDNANI VS. JAIPRAKASH ASSOCIATE LTD [LAWS(NCD)-2022-6-17] [REFERRED TO]
BALAJI SUPER SPECIALITY HOSPITAL VS. ARUNA AGARWAL [LAWS(NCD)-2022-6-51] [REFERRED TO]


JUDGEMENT

DHANANJAYA Y.CHANDRACHUD, J. - (1.)The National Consumer Disputes Redressal Commission[1] dismissed a consumer complaint filed by 339 flat buyers, accepting the defence of DLF Southern Homes Pvt. Ltd. and Annabel Builders and Developers Pvt. Ltd. that there was no deficiency of service on their part in complying with their contractual obligations and, that despite a delay in handing over the possession of the residential flats, the purchasers were not entitled to compensation in excess of what was stipulated in the Apartment Buyers Agreement[2].
[1] "NCDRC"

[2] "ABA"

(2.)The complaint before the NCDRC was initially instituted by nine flat buyers. These nine complainants had booked residential flats in a project called Westend Heights at New Town, DLF, BTM Extension at Begu, Bengaluru. The project was being developed in an area admeasuring 27.5 acres and was to consist of 1980 units, spread across nineteen towers each consisting of a stilt and eighteen floors.
(3.)The Brochure of the first respondent advertised the nature of the project and the amenities which would be provided to buyers. It held out the following representations on the basis of which buyers were induced to invest:
"New Town - the premier choice for Bangalore living. A premium residential enclave that celebrates life in all its resident splendor. Featuring spacious apartments and a rich selection of amenities, you will find in New Town, a residence specially appointed to maximize your comfort and convenience. In New Town premium high rise apartments are set against the backdrop of a vibrant living environment where fun, comfort, security, and serenity blend in perfect unison. Life at New Town satisfies all your needs and fulfils your heart's desire. Imagine a place where leisurely pursuits are always within reach. Imagine living where convenience is never more than around the corner.

Westend Heights at New Tower DLF, BTM Extn. Designs, keeping in mind the modern day requirements and meeting them with apt amenities, Westend Heights is the first phase of New Town, with premium high-rise apartments at affordable prices. The complex brings you comfort living embodied in individual towers overlooking sprawling parks and vistas. This project is being developed in a land area of 27. 5 acres. The project consists of 1980 units spread across 19 towers that are Stilt+ 18 floors high.

Amenities

Fun, Fitness, Leisure, Right Next Door

The most exclusive Club in Bangalore at New town, DLF BTM, EXTN,

The Club set amidst a very comfortable setting is an impressive feature of New Town. It is specially designed to take care of all stresses brought on by the modern world. Altogether a beautiful composition, that blends seamlessly with your lifestyle.

Swimming Pool:

Gymnasium/ Aerobics Centre

Restaurant and Bar

Billiards Room

Banquet Hall

Tennis Courts

Cards Room

Squash Courts

Spa, Massage and Beauty Parlour

Ease, Enjoyment, Convenience. Right Next Door

Convenient shopping facilities at New Town, DLF BTM EXTN

Shop with ease at our convenience shopping centre, well equipped to handle your everyday needs. The shopping centre will offer an array of outlets to make your life a trouble free affair.

Experience convenience at your doorstep

Hope, Dreams, Future. Right Next Door

Renowned Early Learning School at New Town DLF BTM EXTN.

Our play school airs to care for your child in a stimulating safe, fun-filled environment. It symbolizes our conviction that nurtured roots lay the foundation of a fully grown blossomed tree.

Health, Wellbeing. Assurance, Right Next Door

State-of-the-art healthcare facilities at New Town DLF BTM EXTN.

In these years of fast paced lives, your family's wellbeing is foremost in our minds. Our healthcare centre will better the latest in screening, diagnosis, and medical care with competent medical professionals by your side, we will make sure that you would always remain in the best of health.

Comfort, Confidence, Peace of Mind Right Next Door.

Keeping your loves ones safe and secure at New Town, DLF BTM EXTN.

Let New Town set your mind at rest when it comes to security. Our advanced, state-of-the-art security system ensures comfort and peace of mind for you and your loved ones, with monitored gates, CCTV for parking and entrance lobby, video surveillance system and a rigorously screened 24-hour security guard workforce, New Town offers you a secure and a well-protected abode." (emphasis supplied)

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