N.V.RAMANA, S.ABDUL NAZEER
Fortune Infrastructure (Now Known As M/s. Hicon Infrastructure) – Appellant
Versus
Trevor D’lima – Respondent
JUDGMENT :
N.V. Ramana, J.
These appeals are filed against the impugned orders, dated 08.09.2016 and 03.11.2016, passed by the National Consumer Disputes Redressal Commission [hereinafter ‘NCDRC’ for brevity], in Consumer Complaint No. 636 of 2015 and Review Application No. 273 of 2016 in the Consumer Complaint No. 636 of 2015.
2. A few facts which are necessary for the disposal of this matter are that the appellants, in the year 2011, launched a residential housing project by name ‘Hicons Onyx’, renamed as Fortune Residency, which was a re-development of Mohammadi House. The respondents booked a flat bearing no. 202, 2nd Floor in ‘A’ wing, admeasuring 828.40 Sq. Ft. with one unit of parking-space. The total consideration for the flat was Rs. 1,93,00,000/-. It is alleged by the appellants, that due to increase in the cost beyond what was expected, they transferred the project to another company being M/s. Zoy Shelcon Pvt. Ltd. It is to be noted that the respondents have paid a sale consideration of Rs. 1,87,00,000/-.
3. In 2015, aggrieved by the fact that appellants were not willing to deliver the flat to them, the respondents approached NCDRC through a consumer complaint, being CC No.
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