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2021 Supreme(SC) 339

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:

    “20. Subject to the terms of this Application and the Agreement including but not limited to timely payment of the Total Price, stamp duty and other charges due and payable according to the payment plan applicable to the Applicant or as per demand raised by NBCC and the Applicant complying with all the

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