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2022 Supreme(SC) 1027

ANIRUDDHA BOSE, VIKRAM NATH
Ashoka Investment Co. – Appellant
Versus
United Towers India Pvt. Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sudhir K. Makkar, Sr. Adv. Mr. Janendra Lal, Adv. Ms. Yasmin Tarapore, Adv. Ms. Yogita Rathor, Adv. for M/S. Janendra Lal & Co., AOR
For the Respondent(s): Mr. Gaurav Jain, Adv. Ms. Abha Jain, Adv. Mr. Jaivir Singh, Adv. Mr. Aniteja Sharma, Adv. Mr. Abhishek Mishra, Adv. Ms. Deepika Mishra, Adv.

JUDGMENT :

VIKRAM NATH, J.

1. This appeal by the Consumer under Section 23 of the Consumer Protection Act, 19861 [in short “the 1986 Act”] has been filed assailing the correctness of the order dated 16.03.2015 passed by the National Consumer Disputes Redressal Commission2 [in short “NCDRC”] Delhi in Original Petition No. 377 of 2000 between M/s. Ashoka Investment Company vs. M/s. United Towers India Pvt. Ltd. By the said order, the NCDRC directed the respondents to refund an amount of Rs. 4,95,000/- (four lakhs and ninety five thousand) being total sale consideration to the appellant with interest @ 9 % per annum w.e.f. 17.01.1995 till the date of refund/compliance.

2. The admitted facts are that, the appellant on 12.05.1980 applied for purchase of two flats bearing Nos. 501 and 502 on the 5th Floor, 1st Block, Krishna Apartments, Bangalore for a total sale consideration of Rs. 4,95,000/- (four lakhs and ninety five thousand). Along with the application, the appellant paid Rs. 1,00,000/- (one lakh) each for the two flats by way of two Demand-Drafts.

3. An agreement to sell was executed between the parties on 17.05.1980. As per Para-3 of the agreement, possession was to be delivered wit


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