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2021 Supreme(SC) 371

UDAY UMESH LALIT, HEMANT GUPTA, S.RAVINDRA BHAT
LAUREATE BUILDWELL PVT. LTD. – Appellant
Versus
CHARANJEET SINGH – Respondent


Advocates appeared:
For the Appellant(s) :Rajesh P., Prabhakar Tiwari, Manoranjan Sharma, Advocates
For the Respondent(s):M.L. Lahoty, Paban K Sharma, Anchit Sripat, Himanshu Shekhar, Advocates

ORDER :

S. RAVINDRA BHAT, J.

1. The appellant (hereafter called “Laureate” or “the builder”) is aggrieved by an order of the National Consumer Dispute Redressal Commission 1[ In Consumer case No. 1183/2017, decided on 29-05-2019] (hereafter “NCDRC”). The respondent (hereafter “the purchaser”) had sought, through his complaint a direction against the builder, for refund of the consideration amount of Rs.1,93,70,883/- received by the latter, as consideration for sale of a flat along with interest @ 24% p.a. from the date different instalments were paid, as well as compensation and costs.

2. The relevant facts are that one Ms. Madhabi Venkatraman (hereafter “the original allottee”) applied on 29.08.2012 for allotment of a residential flat (No. 7013, (hereafter “the flat”) admeasuring 4545 sq. ft., in Nectarine Tower "PARX LAUREATE" at Sector- 108, Expressway, Noida. The flat was to be developed by the builder (Laureate). She paid the registration amount of Rs.7,00,000/-. On 16.10.2012, an allotment letter was issued to the original allottee, for the flat after deposit of Rs.32,33,657/- out of the total sale consideration of Rs.2,47,29,405/-. According to the allotment letter, the possess

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