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2019 Supreme(SC) 945

UDAY UMESH LALIT, VINEET SARAN
Marvel Omega Builders Pvt. Ltd. – Appellant
Versus
Shrihari Gokhale – Respondent


Advocates Appeared:
For the Appellant(s) : Mr. R.P.Bhatt, Sr. Adv. Mr. Vijay Kr.,Adv. Mr. R.C. Sharma, Adv. Mr. Rahul Kr. Singh, Adv. Ms. Bharti Tyagi, AOR
For the Respondent(s): Mr. Saurabh Jain, Adv. Mr. P. K. Jain, AOR

JUDGMENT :

Uday Umesh Lalit, J.

1. These Appeals under Section 23 of the Consumer Protection Act, 1986 are directed against (i) the judgment and final order dated 31.05.2018 passed in Consumer Case No.2010 of 2016 and (ii) the order dated 05.09.2018 passed in Miscellaneous Application No.578 of 2018 by the Commission [National Consumer Disputes Redressal Commission, New Delhi].

2. The Respondents had booked a residential villa viz: Emerald-07 in a project named ‘Marvel Selva Ridge Estate’ to be developed by the Appellants. The total consideration for the villa with three covered car parking spaces and open terrace was to be Rs.8,31,04,425/-. An agreement was entered into between the parties on 22.03.2013 incorporating mutual obligations and paras 5(a) and (b) thereof were as under:-

“5. The Promoter declares that:

(a) The said Unit shall be constructed in accordance with the plans and specifications approved and sanctioned by the Municipal Corporation of Pune.

(b) Possession of the said Unit agreed to be purchased by the Purchaser/s shall be handed over to the Purchaser/s by the Promoter on or before 31.12.2014 provided that the Purchaser/s shall have made payment of the instalments towa

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