D.Y.CHANDRACHUD, M.R.SHAH
NBCC (India) Limited – Appellant
Versus
Ram Trivedi – Respondent
JUDGMENT :
Dr. Dhananjaya Y. Chandrachud, J.
1. Admit.
2. This appeal arises from a judgment of the National Consumer Disputes Redressal Commission1[“NCDRC”] dated 20 September 2019.
3. In 2012, the appellant floated a group housing project at Sector 89, Gurgaon. An advertisement was issued, inviting prospective flat buyers. The respondent submitted an application on 14 March 2012 for the allotment of a dwelling unit in the project described as “NBCC Heights”. The terms and conditions for allotment were set out in a standard form. Instalments towards the purchase price were payable under a time-linked plan. An allotment letter was issued to the respondent on 30 June 2012 for dwelling unit F-402 in the project. The terms of allotment envisaged that the appellant would “endeavour” to hand over possession within two and a half years from the date of allotment. Clause 20 provides as follows:
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