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2019 Supreme(SC) 586

D.Y.CHANDRACHUD, HEMANT GUPTA
Sanjay Bansal – Appellant
Versus
Vipul Ltd. (Formerly Known As Vipul Infrastructure Developers Ltd. ) – Respondent


Advocates Appeared:
For the Appellant : Mr. Shrish Kumar Misra, AOR, Mr. Kumar Manish, Adv., Mr. Ajay Kumar, Adv., Ms. Deepika Mishra, Adv.
For the Respondents: Sarojanand Jha, Adv., Kirat Randhawa, Adv., Purva Kohli, Adv., Mr. Gautam Talukdar, AOR, Mr. Akshay Girish Ringe, Adv., Mr. Siddharth Joshi, Adv., Mr. Gagan Gupta, AOR

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, J.

1. Admit.

2. The appellant filed a consumer complaint before the National Consumer Disputes Redressal Commission (“NCDRC”). The appellant alleged that there was a deficiency of service on the part of the developers in not executing agreements in respect of four flats which were booked by the appellant in a project called “Orchid Petals” located at Sector 49, Gurgaon. The following reliefs were sought in the complaint:

“It is therefore, most respectfully prayed that this Hon’ble Commission may kindly be pleased to direct the opposite parties to:

a. Execute the buyers agreement/sale deed with the complainant, qua flat Nos. 1103, 1203, 903 in tower no. 15 and flat no. 1402 tower no. 21 in Orchid Petals Condominium Complex 1 sector 49, Gurgaon, Haryana.

b. Pay Rs five lakhs as compensation for the harassment, agony and pain suffered by the complainant.

c. Pay cost of the proceedings; and/or

d. Any other/further compensation as complainant may be entitled may also be granted.

3. The respondents raised a preliminary objection to the maintainability of the complaint in their counter affidavit on the ground that since the appellant had booked four flats, th













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