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2022 Supreme(SC) 929

SURYA KANT, ABHAY S. OKA
Sudha – Appellant
Versus
Jaiprakash Associates Limited – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Deepak Agrawal, AOR
For the Respondent(s): Mr. Vishal Gupta, AOR

JUDGMENT :

Abhay S. Oka, J.

FACTUAL MATRIX

1. This is a statutory appeal under Section 23 of the Consumer Protection Act, 1986. This appeal takes exception to the final judgment and order dated 29th April 2021 of the National Consumer Disputes Redressal Commission, New Delhi (for short, ‘the National Commission’). The appellants are the complainants before the National Commission. By the impugned judgment and order, the National Commission has dismissed their complaint.

2. It is necessary to set out relevant factual aspects which are necessary for the disposal of the appeal.

3. The third appellant is a member of the Bar. On 27th January 2013, the third appellant booked a two-bedroom flat in the project of the respondent-Company, called Garden Isles. According to the case of the appellants, the construction of the flat was inordinately delayed. When the appellants visited the office of the respondent-Company in January 2015, the officials of the respondent-Company suggested to the appellants that the booking of the said flat can be cancelled and the appellants can book an apartment in Imperial Court – Tower-1 in the project known as Jaypee Greens, NOIDA. The officials of the respondent-C

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