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2019 Supreme(SC) 1263

MOHAN M.SHANTANAGOUDAR, AJAY RASTOGI
Lilavati Kirtilal Mehta Medical Trust – Appellant
Versus
Unique Shanti Developers – Respondent


Advocates Appeared:
For the Appellant(s) :Guru Krishna Kumar, Sangeeta Bharti, Anubha Dhulia, Prerna Mehta, Advocates
For the Respondent(s):Kiran Suri, S.J. Amith, Aishwarya Kumar, Vipin Gupta, Abha R. Sharma, Advocates

JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J.

1. This appeal arises out of judgment of the National Consumer Disputes Redressal Commission (‘National Commission’) dated 25.10.2016 dismissing the Appellant’s Review Application No. 76/2016 against the order dated 1.3.2016 by which the National Commission dismissed the Appellant’s Consumer Complaint No. 117/2016.

2. The Appellant’s case is that Respondent No. 1/Opposite Party No. 1 had developed two buildings ‘Madhuvan’ with thirty two ‘1 BHK’ flats in colony ‘Shanti Park’ in Thane, Maharashtra. Out of these the Appellant/complainant trust took possession of 29 flats for provision of hostel facilities to nurses employed by Lilavati Hospital, which is run by the Appellant trust. 29 agreements to sell were executed in respect of each flat on 25.11.1995, which were registered on 16.3.1996, and entire consideration amount was paid for the same. The architect issued completion certificate in respect of the flats on 17.2.1997. The flats were used for the purpose of hostel facilities till 2002. However, within 2-3 years of completion of the project, because of alleged poor building quality, the structure became dilapidated. The appellant vacated the f


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