UDAY UMESH LALIT,J. - (1.) These appeals under Section 23 of the Consumer Protection Act, 1986 are directed against the common order dated 23.01.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi ("Commission" for short) in Consumer Case Nos.975 and 976 of 2016.
(2.) In Consumer Case No.976 of 2016, Vrajendra J. Thakkar, HUF had booked a residential flat with the appellant in a project named "White Spring Building", which the appellant was to construct at Village Magathane Dattapada Road, Borivali (East), Mumbai, for a consideration of Rs.90,38,850/- and flat No.6A in the building was allotted to said Vrajendra J. Thakkar, HUF. The parties entered into an agreement dated 30.10.2012 and in terms of Clause 17 of said Agreement, the possession was to be delivered by August, 2014. However, in terms of the Agreement, the date of delivery of possession would stand automatically extended in the event of any of the contingencies specified in the said clause which was to the following effect: "Possession of the said Premises in the said Building shall be given by The Promotor to the Purchaser on or before August, 2014 on a "best effort" basis. Provided that in the even of occurrence of any of the following events, the aforesaid date of possession shall automatically stand extended by a period by which the possession is delayed on account of such event(s) - (a) Non-availability of steel, cement, other building of construction materials, water or electricity supply; (b) War, civil commotion, strike, lockout, riots, acts of terrorism, epidemics, earthquake, flood, other act of God, any prohibitory order of any court, tribunal or authority against the development of the said Properties: (c) Any notice, order, rule, notification, circular of the Government and/or other public or competent authority, court, tribunal or Quasi-judicial body or authority; (d) Delay in getting NOC, permissions licenses, approvals, consents, connections, plans, occupancy, certificate, completion certificate and permissions from MCGM and other authorities/bodies. (e) Change in any law, rules, regulations, bye-laws of any Government, authorities, public/local bodies affecting the development of the said Properties. (f) Any notice/direction notification, order from the forest department, Ministry of environmental department, pollution control department, MCGM, any Government Department or public body/local Authority, in respect to the said Properties; (g) Delay or default in payment of the balance purchase price and/or other amounts payable hereunder by the Purchaser to the Promoter (without prejudice to the right of the Promoter to terminate this Agreement in terms of clause 12 above."
(3.) Said Vrajendra Thakkar, HUF thereafter transferred the allotment in favour of mother of the present respondent namely Kumudben Jagjivandas Thakkar. Said Kumudben Thakkar thereafter gifted the very same Apartment to the present respondent.;