LANCO HILLS TECHNOLOGY PARK PVT LTD Vs. MANISHA BALKRISHNA KULKARNI
LAWS(SC)-2019-12-89
SUPREME COURT OF INDIA
Decided on December 17,2019

Lanco Hills Technology Park Pvt Ltd Appellant
VERSUS
Manisha Balkrishna Kulkarni Respondents

JUDGEMENT

DHANANJAYA Y.CHANDRACHUD,J. - (1.) Admit.
(2.) This appeal arises from a judgment of the National Consumer Disputes Redressal Commission [NCDRC] dated 9 October 2014 in Consumer Complaint No 112 of 2014.
(3.) An agreement to sell was executed between the appellant and the respondents on 21 March 2011 under which the respondents agreed to purchase an apartment in a complex which was developed by the appellant in Hyderabad. The total consideration was Rs 1,55,50,826. Subsequently, an amount of Rs 6,00,000 was paid towards an additional parking space. Under Clause 5.1(iii) of the agreement, possession of the apartment was to be handed over to the respondents by 28 March 2011, with a grace period of three months. Clause 8 of the agreement contemplated that the period of possession would be extended during the operation of a force majeure event. The appellant received a no-objection certificate from the State Disaster Response and Fire Services Department on 4 July 2011. The final occupancy certificate for the residential tower in which the apartment was situated was issued by the Andhra Pradesh Industrial Infrastructure Corporation Limited on 22 August 2011.;


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