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C. T. RAVIKUMAR, SANJAY KUMAR
Kaushik Narsinhbhai Patel – Appellant
Versus
S. J. R. Prime Corporation Private Limited – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Ajit Kumar Sinha, Sr. Adv. Mr. Govind Jee, AOR Mr. Omanakuttan K K, Adv. Ms. Rambha Singh, Adv. Mr. Akhilesh Kumar Mishra, Adv. Mr. Kartikeya Khanna, Adv.
For the Respondent(s): Mr. Balaji Srinivasan, AOR Mr. Devamshu Behl, Adv. Ms. Garima Jain, Adv.

JUDGMENT :

C.T. RAVIKUMAR, J.

1. The appellants, 46 in numbers, along with respondent Nos.2 to 6 herein (proforma respondents) filed Consumer Case No. 945 of 2019, against Respondent No.1 herein, complaining of deficiency in service raising various grounds, which culminated in the impugned order dated 15.09.2022 of the National Consumer Disputes Redressal Commission (NCDRC), New Delhi. Allured by the representation of the first respondent-builder, each of the appellants booked separate flats in its declared project namely, ‘Fiesta Homes by SJR Prime’. A Construction Agreement dated 31.03.2012 was entered into between the complainant and Respondent No.1 (Annexure P-2). Going by Clause 6.1 of the Construction Agreement, possession of flats was liable to be handed over, after completion of the construction, on or before March, 2014, with a grace period of six months. However, considerable delay had occurred in completing and handing over possession of flats and as per the complainants, it was after about four years down the timeline that possession was handed over to them. Deficiency in construction aggravated the situation and made the appellants and the proforma respondents (hereinaft

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