K.M.JOSEPH, PAMIDIGHANTAM SRI NARASIMHA
Janpriya Buildestate Pvt. Ltd. – Appellant
Versus
Amit Soni – Respondent
JUDGMENT :
K.M. JOSEPH, J.
1. These appeals are against the common judgment.
2. We take Civil Appeal No. 1065 of 2021 as the lead case.
3. On 09.04.2011, the appellant has purportedly entered into a collaboration agreement with Uppal Housing Private Limited and Umang Realtech Private Limited for development of a group housing project. The appellant owns the land on which the project was contemplated. Following the collaboration agreement, the appellant also figures as a party in agreement which is styled as a tripartite agreement. The parties to the tripartite agreement are apart from the appellant, the buyer and the developer. It would appear that after the agreement was entered into, a project commenced but it could not be completed as contemplated. This led to a complaint being filed before the National Consumer Disputes Redressal Commission (hereinafter referred to as ‘NCDRC’ for brevity) under the Consumer Protection Act, 1986 (hereinafter referred to as ‘Act’ for breavity). This complaint has been allowed by the NCDRC.
4. The complaint of the appellant is that the NCDRC has erred in visiting the appellant also with liability under the Act. It is the case of the appellant that unde
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